LIMITES DA INTERVENÇÃO DO PODER JUDICIÁRIO EM POLÍTICAS PÚBLICAS VOLTADAS À REALIZAÇÃO DE DIREITOS FUNDAMENTAIS: análise dos parâmetros fixados no julgamento do Tema 698 pelo STF e da sua aplicação pelo TJPB

Abstract

The study aims to understand the relevance of the Brazilian Supreme Court's (STF) decision on General Repercussion Theme 698 for the protection of the principle of separation of powers by examining the application, by the Paraíba State Court of Justice (TJPB), of the parameters established in the theses of this judge. For this objective, it initially examines public policies aimed at realizing fundamental rights and the role of the Judiciary in implementing these instruments. It continues by analyzing the parameters established by the STF in the judgment on RE 684.612/RJ, the leading case on Theme 698 of General Repercussion, regarding judicial intervention in public policies aimed at realizing fundamental rights. Finally, it examines how the TJPB is applying these guidelines in its review judgments. Based on the quantitative and qualitative research method and the bibliographic and jurisprudential research used, the study concludes that the interventions of the Judiciary of the State of Paraíba in public policies aimed at realizing fundamental rights, from the perspective of applying the parameters established in the judgment theses of RE 684.612/RJ by the state court in review judgments, mostly respected the principle of separation of powers. The relevance of the judgment of Theme 698 by STF for the protection of this principle is also noted.