JUDICIALIZATION SOCIAL RIGHTS AFTER 25 YEARS OF BRAZILIAN FEDERAL CONSTITUTION

This paper is intended to draw attention to the changes that have taken place in the exercise of jurisdiction, after 25 years of the present Federal Constitution, due to new design on the need for enforcement of fundamental rights, especially those of social nature. Explicit or implied warranties arising from principles system enshrined in the Constitutional Order 1988 came to be demanded by the judicial process, which provided a more participatory way for the implementation of public policy. The Procedural Law, which approached the Constitutional Law, now requires a judicial procedural model that allowing approved the immense amount of demands, in which discuss these basic rights, which will lead the concreteness of Constitucional Text. Thus, the judicial process, to institutionalize the plural debate and the participation, through the clause of the "due process," has its value in affirming the ideals of true democracy, since it places the society as active subjects of their destinies.