EH

Abstract

The constitutional subjective rights on condition of basic and upper basic dictates, assume importance in the treatment of the study of the rights enshrined in the native legal system, because the concomitant fact bearing the quality of sources originating rights, prevent others from being created when confrontation with their devices (constitutional). Study its effectiveness and problems arising here is to understand why there are so many rules laid down in the Greater Charter rights as void and inoperative content. It discusses the issue of the effectiveness of subjetives constitutional rights from factors impeding the expansion of the judiciary and its limits, through a literature, jurisprudential survey, analysis of constitucional dictates related and the theme and a transdisciplinary vision sciences. It appears that the regulatory obstacles are situated in the legal aspect, the absence of regulatory standards, the budget, the lack of funds for the implementation of public policies, and ideological exercised by political agents for the promotion of social control and neutralization; that the expansion of the judiciary does not have unanimous acceptance in doctrine and that there is the need to impose limits on their actions. We conclude that the judiciary should assume its role as guarantor of rights through the limits imposed by the text of the law, except in exceptional circumstances or in case of constitutional jurisdiction, verify their institutional capacity and the systemic effects of their decisions, especially on matters involving public policy and medicine.