PUBLIC POLICY PLANNING AND JUDICIAL CONTROL: LIMITS AND POSSIBILITIES

Abstract

The research aims to understand the role of planning and judicial control in public policies, analyze their limits and possibilities, and examine whether exercising such control may disrespect the separation of powers and harm the provision of public services by the State. Analyzing the importance of planning as an indispensable requirement for any public policy, with a technical and political bias. The Judiciary has an increasing role in monitoring public policies, aiming to ensure that government actions are aligned with the objectives of the Constitution. However, this judicial intervention can cause problems when it results in decisions that directly alter planning, potentially impacting the stability and continuity of government actions, and analyzing administrative acts regarding their merit. The research examines the limits of judicial control in public policies and the positive and negative impacts of this intervention. The issues discussed include the role of planning, how judicial control is exercised, and the constitutional possibilities and limitations of this control. The text emphasizes that, while the judiciary can intervene to protect constitutional rights, this intervention must be carefully balanced so as not to overburden the public administration with decisions that require technical expertise and long-term planning. It concludes that despite the importance of judicial control, which can improve public policies, making them more effective and inclusive, the separation of powers must be respected and the functions of the Executive and Legislative branches must not be replaced, avoiding decisions that compromise the stability and planning of government actions.