The dissertation examines the role of the Court of Accounts in control of public policies and the impact of this activity on the realization of constitucional rights, specifically the right to education. The purpose is to determine whether these courts exercise control over public policy and, if so, whether such control affects the realization of fundamental rights. Study was drawn from laws and qualitative research of related doctrine, and case study. Initially, it was demonstrated the treatment given to the Courts of Accounts in brazilian constitutional texts, examining, then the legal nature of these courts and its decisions, the control over their actions by the judiciary, its function, competence and attributions, the criticisms commonly directed at them, proposals for improvement and the role of public prosecution in the Courts of Accounts. In the next moment, was delimited the meaning of the term public policy, the role of the studied species of control over public policies and criticisms related to this control, when elaborated by the Judiciary. Then, was related to the role of the Courts of Accounts in the brazilian legal system, the subject of chapter 2, the control of public policy, the subject of chapter 3, examining how the performance of external control over public policy is compared to judicial review, indicating its advantages. It was also demonstrated that the right to education is a fundamental right status, having in several respects the quality of public subjective right to positive action by the State, as in the case of free primary education in official establishments. From the study of two specific cases, related to operational audits performed by the Court of the Federal District in educational area, it was shown how the Courts of Accounts may positively influence the achievement of fundamental rights. In the first audit was examined the quality of the facilities of public schools and in the second the evaluation of access and quality of public early childhood education from 0 to 3 years. The conclusion indicates that the Federal Constitution has endowed the Court of Accounts of competence and instruments aimed to the control of public policies, giving them a prominent role in that activity. , the performance of the Court of Accounts is more appropriate to the comprehensive and contextualized control of public policies, besides being effective in leading public officer to exercise their activity to define and implement public policy itself. As a result, the Court of Accounts can - and should - exercise its oversight of public policies, especially those related to the implementation of fundamental rights, because his performance favors the realization of such rights.

This dissertation addresses the democratization of public security through community policing, trying to assess whether the participation of communities in matters of public safety provides the effectuation of this fundamental right. For that, it starts its work analyzing conceptually public safety and constitutional treatment is given, set against the Brazilian State's proposal. Examine legislative aspects of PRONASCI (National Program of Public Security with citizenship) and the innovative perspectives brought to public safety from then on. The panorama alagoano violence is seconded to the understanding of local realities and the presence of authoritarianism in brazilian society and the modus operandi of the police by categorizing the deal with the citizen as to social class. Arrive in community police, relying on local and foreign literature to present legal bases that support police activities as this philosophy. International practices and local experiences of community policing are presented to the reader. The role of the community in public safety is studied, a theoretical approach of the term democracy, communitarianism Gisele Cittadino, aligned to finally enter the issues linked to Social advocacy community councils in Alagoas, exposing constituent and legislative aspects of implementation of the actions.

The fundamental right to the jurisdiction is the prerogative that all subject it possess to demand of the State the jurisdictional guardianship, having origin, in the Brazilian law, the extracted norm of the statement of art. 5º, XXXV of the Brazil’s Constitution. In the doctrine, the term "action" has been used indistinctly to assign the material and procedural actions and the right to the jurisdiction, generating ambiguities. Recently, the theory of the action of material law has being questioned and the state monopoly in the distribution of justice, generator of the right to the jurisdiction and the abstract procedural action, would be the reason of its elimination. Our inquiry, is based on the theory of the juridical fact of Pontes de Miranda, searched to approach the law to the jurisdiction, not as a guarantee, but as an independent fundamental right, and also to demonstrate the subsistence of the action of material law as standing to juridical authority aggregated to the subjective rights to impose its accomplishment it accomplishes, differentiated of the "procedural action", used for fundamental right to the jurisdiction exercise’s. The theory of the action of material law contributes for Legal Science, making possible a different vision in the understanding and solution of theoretic problems and is presented useful as a tool in the judicial application of the law to the concrete cases. The study it made possible to ratify the assertive one of that the fundamental right to the jurisdiction did not exclude the action of the plan of the material law, only suppressed its auto-exercise, putting the State in the function to carry through it through the process authoritarianly.

This paper addresses the analysis of the implementation of the overall care of by the judiciary, in the realization of the fundamental right to health, when provoked. A matter that has raised questions about the scope of coverage of the institute and the possibility of fungibility between this and injunctive relief, since such Office nevertheless take care to safeguard the process, has also been widely used to meet the objective of the claimants who seek judicial review to obtain medicines and health services through the SUS – Unified Health.

The transformations of the property right unchained by the change of paradigm imposed by the Social Estate, together with it’s population brutal increase, causing serious social problems, from the lack of housing to the insufficience and inefficiency of urban and communitarian equipment, made the constitutional principle of urban property social function to gain crucial importance in the brazilian constitucion. Because of that, the legislator concentrated efforts to regulate the carrying out constitutional instruments of the urban property social function, contemplated at article 182 §4º, I, II and III of the Federal Constitution, that respectively refers to the obligatory plotting or construction, to the urban bulding and territorial gradual tax in time and the dispossession, all of coercitive nature. With such mission appeared the Statute of the City – Law 10.257/2001, that was put in charge of regulating the cited constitutional instruments, and therefore constitutes indispensable element for carrying out the urban property social function. In this dissertation, the constitutional instruments of coercitive nature are analised, under the view of carrying out the urban property’s social function which, trough the detailed analysis of the appropriate law, passing trough the evolution of the urban property social function principle in brazilian constitutions, making use, as theoretician referencial, of the works from those that studied the legal aspects of the subject.

La recherche a comme objectif analyser les hypothèses du débat freiné dans le contexte de la théorie constitutionnelle brésilienne entre les chaînes du substantielisme et de le procédurisme, souvent préposées dans la doctrine constitutionnaliste brésilienne comme deux visions antagoniques du phénomène constitutionnel. L'analyse utilise les accostes théoriques, philosophiques et méthodologiques de le neoconstitucionnalisme, qui indiquent pour la complémentarité entre une dimension substantiel et autre procédural des constitutions dans le contexte de l'État Constitutionnel Démocratique contemporain, dont l'équilibre spécifique entre toutes les deux dépendra de la situation institutionnelle, sociale et politique spécifique en vigueur dans chaque pays. Le travail affronte, ainsi, quelques questions relatives aux éléments universels et contingents présentes dans théorie constitutionnelle et conclut par l'incongruité d'une théorie constitutionnelle générale avec prétension de validité dans des contextes sociales et politiques divers et par la nécessité d'élaboration d'une théorie de la Constitution appropriée aux particularités de la réalité brésilienne. Il réfute, de cette forme, l'unilateralité de la thèse procédural ou substantiel et, ensuite, en partant de postulats neoconstitucionalistes, il développe les éléments qui composent les dimensions substantiel et procédural de la Constitution sans, néanmoins, les dissocier. La dissertation cherche encore à confronter et à délimiter les éléments intégrants des les deux dimensions constitutionnelles en raison du modèle constitutionnel brésilien et des nécessités réelles d'organisation juridique, politique et sociale cadeaux dans notre réalité. Il conclut, ainsi, que l'élaboration d'une théorie constitutionnelle brésilienne ajustée ne pourra pas dispenser la nécessaire intégration entre la dimension substantiel de la Constitution de 1988, qui implique, parmi autres aspects, la validité de la thèse de la constitution dirigeante alliée à la théorie des principes et à la dogmatique des espaces de libre performance législative, et la dimension procédural, qui atteint l'exigence de mise en oeuvre des procédures démocratiques ils que viabilisent le développement de la citoyenneté active, de même dans le contexte des activités de l'État Social et de la juridiction constitutionnelle.

Il lavoro, in sue prime linee, ha come oggetto, la posizione i la funzione di benefici fiscali nella Costituzione di 1988, facendo distizione tra norme di condotta e di struttura. Anche nello inizio della ricerca, si da atenzione alle finalià delli benici fiscali. Il principio de capacità i sua relativizzazione per la istituzione di trattamento tributario più ameno sono examinati sobra la perspectiva dello principio della proporzionalità. Expresso il giudizio del’autor sopra i benefici fiscali nella Magna Carta, gli comprendendo come norme di struttura regulatore della condotta di legislatore, si passa a discrevere il processo di positivizzazione del diritto. Lo studio della positivizzazione del diritto è inserito negli aspetti più importanti dello controlo de costituzionalità, perchè, essendo i benefici fiscali norme costituzionale di struttura, compette al legislatore agir per crearli. La referenza alle chiamate “decisione interpretative”, interpretazione conforme i decretazione de nulidad senza riduzione di testo, è contextualizata con ambiguidade e vaghezza della linguaggio prescrittiva, che giunge nella separazione di testo e norme. In questo scenario, si procede critica alla giurisprudenza dell Supremo Tribunal Federal in relativo alla tese del “legislatore positivo”. In seguenza, si apresenta la definizione di diritti fondamentali, incluendo in questa i diritti degli contribuenti. Tesseno comentari al diritto di eguaglianza e suei significative. Per finale, con sostegno nel diritto fondamentale alle eguaglianza di trattamento, si conclue essere possibile la “estensione” degli benefici fiscali all contribuenti che si incontrano nella stessa situazione di fato.

The Act n. 9.474, from July 22, 1997 - Brazilian Refugee Law - represents an important landmark in the protection of refugee rights, being internationally recognized as a model to be followed. However, recent events involving the reception of refugees, especially from the Middle East region, by European states, as well as the increase of refugee applicants in Brazil, require a deeper reflection on the issue and its implications in the current context of international terrorism escalation, economic and financial crises as well as natural disasters around the globe. These changes in the internal and international scenario under the law validity, combined with the modern outlines of fundamental rights, such as prohibition of excess and prohibition of deficient protection, updating them as guiding aspects of actions to protect refugees, demands a hermeneutic approach towards to the necessary harmony between human dignity and national security. Thus, the objective of this work is to analyze the Brazilian Refuge Law under a new perspective: the binomial perspective formed by the principle of human dignity and national security. Recent events demonstrate the impossibility of disassociating the central problem of refugees with the treatment that must be given to these individuals by the state legal orders, and especially by the Brazilian State, once this issue is beyond the narrow national borders concept. Therefore, there is a need to review national legislation, considering the prohibition of a deficient protection and the fundamental rights granted to refugees in Brazil. In short, it is assumed that the going on transformations in the contemporary world requires an update of the Brazilian normative act, the National refugee’s law, in order to adapt its interpretation to the new paradigms and elements presented in the current scenario of humanitarian crisis. The method in this case presupposes an analysis of the Refugee Act and then considers a fundamental change in this category: the compatibility with national security. In order to reach this purpose, it uses analysis and interpretation of data provided by the UN High Commission for Refugees (UNHCR), the National Committee for Refugees (CONARE) and the Court of Auditors of the Union (TCU), correlating it with aspects from the doctrine in both inductively and deductively way. The simple application of fundamental rights or national security summon in such cases requires an adjust of normative teleology to the new times. And these new times demands a harmonization between the principles of national security and human dignity. To what extent does the principle of human dignity, including the right to a healthy and non-hostile environment to human beings’ survival is consistent with the need to preserve national security? This is the central question of this work.

This paper deals with the public health behind bars. The Brazilian health system has failed to protect those who are incarcerated. Although it is a fundamental right protected by various legal instruments, the right to health in prison has been mitigated by the limits of inhumanity. What is defended in the text is the assumption that the enforcement agencies listed among the essential functions of justice State Public Prosecutors and Public Defender - belongs to the legitimate task of promoting this right through the various guarantee arrangements proposed by the Brazilian legislation. It argues, therefore, the possibility of judicial protection of that right, since it considers such issues as: the existential minimum, the reserve for contingencies and human dignity.

The aim of this study was to analyze the application of the assertion theory as a way to ensure an immediate and effective judicial protection. By means of the procedural autonomy, civil action is defined as the right to ask court an answer to the pleadings addressed to it, regardless of the existence of the substantive law. On account of the inquiry of the theories on the subject of the conditions to exercise capacity to pursue judicial proceedings, several discernments arise as the result of the search to delimitate its legal nature, since the Code of Civil Procedure adopted the eclectic theory of action, whereas the lawsuit is seen as the right for an answer to the claims made in court. Nevertheless, these concepts should be reviewed. Access to Justice as a fundamental right is stipulated in article 5, XXXV, of the Brazilian Federal Constitution, therefore under-constitutional law must not exclude from judicial review any injury or threat to injury to any given right. Consequently, in a preliminary view, the action constitutional guarantees consists in ensuring, therefore, the lawsuit itself, the right to act, the right to exercise a citizenship, the access to a fair, adequate and effective juridical order. Therefore it is essential that the judge is aware of this reality, in order to apply the procedural techniques that best suits the requirements of the substantive law, due to the fundamental right to an effective jurisdiction concerning the requirements for exercising civil action, since procedural law establishes such conditions for a proper judicial answer to the subjective right. Depending on what moment the conditions for exercising a legal demand are analyzed by the judge, doctrine varies to consider them a preliminary issue or question of merit, thus influencing, the nature of the jurisdictional provision. For that reason, we Will briefly review the constitutional precept of access to justice and procedural limitations established by the conditions of action. We will ascertain the eclectic theory adopted by systematic procedural and we will conclude with the doctrinal and jurisprudential understanding that the courts have been giving shelter to the theory of assertion, seeking to ensure a swift and active judicial protection.