The Reserve of the Possible in the Context of Brazilian's Constitutional Reality and its Applicability Related to the Public Policies and the Social Rights

The article is about the reserve of the possible, its applicability, concept and action together to the fundamental rights found into the Brazilian's Constitution of 1988. It's searched, by the study of the German and American law, remount the historical origins about the reserve of the possible, and know its role in these States. By the way, is done an analysis about the jurisprudence from the Constitutional German Court, and about the ideas from the book "The Cost of Rights", written by Stefan Holmes and Cass Sustein. It has been seen also the important difference between the public policies and the social rights, investigating the constitutional treatment given to them, as well as the analysis about how the budget limit can restrain its effectuation. Finally, the focus is into the brazilian's reality, with the purpose of observing when and in which cases the reserve of the possible has been used in Supreme Tribunal Federal.