Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch
Although the civilizing conquests of human rights are undeniable, their recognition and enactment have required, in addition to increasingly intense historic struggles, the involvement of the Judicial Branch. The judicial treatment of social issues overlaps the responsibilities of the Judiciary with...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Universidade Federal de Santa Catarina
2006-04-01
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| Series: | Revista Katálysis |
| Subjects: | |
| Online Access: | https://periodicos.ufsc.br/index.php/katalysis/article/view/5926 |
| _version_ | 1818260365392216064 |
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| author | Beatriz Gershenson Aguinsky Ecléria Huff de Alencastro |
| author_facet | Beatriz Gershenson Aguinsky Ecléria Huff de Alencastro |
| author_sort | Beatriz Gershenson Aguinsky |
| collection | DOAJ |
| description | Although the civilizing conquests of human rights are undeniable, their recognition and enactment have required, in addition to increasingly intense historic struggles, the involvement of the Judicial Branch. The judicial treatment of social issues overlaps the responsibilities of the Judiciary with other public institutions. Access to justice takes place, as a rule, individually and by a select group of subjects – those who know how to access this legal channel. But the effective enactment of rights depends on other factors that include not only its recognition, but the capacity to attend to and finance the demand presented. Given this situation, this paper discusses the process of the effective enactment of rights, which by increasingly emphasizing judicial channels, leads to a reduced commitment of the State as a whole, to face social issues and toward the depoliticization of the public sphere. This adverse situation challenges social assistants to take an ethical-political direction in their professional responses to the demands of judicialization of the social question that is presented daily to the Judicial Branch. |
| first_indexed | 2024-12-12T18:30:10Z |
| format | Article |
| id | doaj.art-22c2ad0fb97046db8ab4bbc54c625f0a |
| institution | Directory Open Access Journal |
| issn | 1414-4980 1982-0259 |
| language | English |
| last_indexed | 2024-12-12T18:30:10Z |
| publishDate | 2006-04-01 |
| publisher | Universidade Federal de Santa Catarina |
| record_format | Article |
| series | Revista Katálysis |
| spelling | doaj.art-22c2ad0fb97046db8ab4bbc54c625f0a2022-12-22T00:15:57ZengUniversidade Federal de Santa CatarinaRevista Katálysis1414-49801982-02592006-04-0191192610.1590/S1414-498020060001000025132Handling social problems in the courts: repercussions for social assistants in the Judiciary BranchBeatriz Gershenson Aguinsky0Ecléria Huff de Alencastro1PUCRS - Porto Alegre - RSUNISINOS - Porto Alegre - RSAlthough the civilizing conquests of human rights are undeniable, their recognition and enactment have required, in addition to increasingly intense historic struggles, the involvement of the Judicial Branch. The judicial treatment of social issues overlaps the responsibilities of the Judiciary with other public institutions. Access to justice takes place, as a rule, individually and by a select group of subjects – those who know how to access this legal channel. But the effective enactment of rights depends on other factors that include not only its recognition, but the capacity to attend to and finance the demand presented. Given this situation, this paper discusses the process of the effective enactment of rights, which by increasingly emphasizing judicial channels, leads to a reduced commitment of the State as a whole, to face social issues and toward the depoliticization of the public sphere. This adverse situation challenges social assistants to take an ethical-political direction in their professional responses to the demands of judicialization of the social question that is presented daily to the Judicial Branch.https://periodicos.ufsc.br/index.php/katalysis/article/view/5926questão socialdireitospolíticas públicasjudicializaçãosocial questionrightspublic policiesjudicial involvement |
| spellingShingle | Beatriz Gershenson Aguinsky Ecléria Huff de Alencastro Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch Revista Katálysis questão social direitos políticas públicas judicialização social question rights public policies judicial involvement |
| title | Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch |
| title_full | Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch |
| title_fullStr | Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch |
| title_full_unstemmed | Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch |
| title_short | Handling social problems in the courts: repercussions for social assistants in the Judiciary Branch |
| title_sort | handling social problems in the courts repercussions for social assistants in the judiciary branch |
| topic | questão social direitos políticas públicas judicialização social question rights public policies judicial involvement |
| url | https://periodicos.ufsc.br/index.php/katalysis/article/view/5926 |
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