A judicialização das políticas públicas e a posição do Tribunal de Justiça do Paraná em relação à Reserva do Possível

Abstract

The present study has as main objective to understand the applicability of the clause of the Reserve of the Possible, used as means of defense by the public administration in lawsuits. The question of research is what the limit of the use of the argument of the Reserve of the Possible employed by the public manager to not comply with a judicial decision. The study begins by presenting the origin of the expression Reserve of the Possible, both globally and nationally. In addition, it is approached about the historical moment of Brazil when the expression appeared. Following is an approach to the concept of the term Reserve of the Possible, as well as its legal basis. Then it is commented on the Reserve of Possible in the Brazilian jurisdiction, making an analysis of the theme with the social rights. In addition, notes are drawn on the reserve of the possible and the minimal existential and the prohibition of retrocession, very important subjects for analysis of the application of the has in concrete cases. Finally, through exemplary cases, an analysis is made of the current position of the Court of Justice of Paraná regarding the application of the clause of the Reserve of the Possible in concrete cases.