Judicial deference towards administrative choices in the social rights realm

The Brazilian 1988 Constitution is grounded in social rights provided with immediate efficacy, bringing intense judicialization and deep judicial intrusion on administrative choices.
The research question is whether judicial deference to administrative choices in public policies can contribute to grant equality in the effectiveness of social rights.
The argument pro deference relies in two considerations: 1) judicial review requires objective criteria in order to prevent subjective appreciation to the ruling, and the risk of inequality and subversion of distributive concerns inherent to public policies; and 2) deferential judicial review benefits from the institutional capacity that is recognized to the Executive branch.
The Brazilian scenery brought the false impression that, as means to enhance human dignity, those rights can be properly grant by judges. That misconception contributes to devaluate the political process in which social rights are design in its content and addressees.