Direitos fundamentais e controle judicial

Abstract

This article instigate the study of the legitimizing bases of judicial review of public policies, seen from the emergence of Fundamental Rights, of rule of law - with the liberal foundations for the control of public administration and especially the limits of external control performed by the judiciary - as well as the alleged constitutionalism of judicial review of public policies, understood as the overcoming of the liberal ideology about the role of the judiciary in the enforcement of fundamental rights. It is analyzed in the background, the need to rethink logic normative written by Montesquieu about the separation of powers, aiming to expand the effectiveness of fundamental rights.