Are the courts able to defend social rights against the will of the majority powers in times of economic crisis? The legal literature affirms the role of the Judiciary as the guardian of the Constitution and consequently, guarantor of these rights against Government’s choices. In contrast, empirical studies show that, in analyzing the preferences of the majoritarian branches in relation to public policies, the Courts opt for self-restraint. In the last global crisis, the Courts maintained the austerity measures, in order to guarantee recovery and stability (Portugal, Spain, Italy). Considering the recent processes of constitutional reform to decrease public spending, notably in relation to issues of public health, education and social security, what to expect from Brazilian Supreme Court (STF)? The goal is to analyze the judicial review decisions in those matters and describe the legal arguments for judicial intervention (or not) in last constitutional reforms.
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