This paper aims to analyze social policies in Brazil and its relation with the increase of judicialization. The literature on judicialization of public policies in Latin America considers that the high rates of litigation may be a consequence of economic crises and problematic government plans. These constitutions have sponsored the coexistence between generous socioeconomic rights and neoliberal economic agenda. This has led to intense litigation movements. In Brazil, social policies have been subject to intense cuts and pressures. In the process of implementation of those policies, bureaucracies narrow the criteria for benefits. I argue that the possibility that these bureaucratic-administrative decisions are reviewed by the judiciary constitutes a palliative remedy for the erosion and dismemberment of social policies. It is a limited response. I defend the idea that these individual claims do not challenge political and power dynamics and may eventually weaken the social reaction.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!