Resource limitation, cost of rights and the 'under reserve of the possibilities' clause in the Brazilian Federal Supreme Court case-law

Abstract

THIS ARTICLE PRESENTS AN ANALYSIS THE CONCEPTS OF COSTS OF RIGHTS, RESOURCE LIMITATION AND THE “UNDER RESERVE OF THE POSSIBILITIES” CLAUSE ARE FEATURED IN THE BRAZILIAN FEDERAL SUPREME COURT CASE-LAW. BY ANALYZING BRAZILIAN SUPREME COURT’S DECISIONS, MY AIM IS TO VERIFY, FIRSTLY, IN WHICH SUBJECTS THESE THEMES APPEAR MORE FREQUENTLY. SECONDLY, I INTEND TO ASSESS HOW THIS COURT DEALS WITH THE REFERRED THEMES IN ITS CASE LAW AND WHAT ARE THE CRITERIA APPLIED. FINALLY, I ATTEMPT TO EXAMINE IF THE JUDGES DECISION MAKING PROCESS TAKES INTO CONSIDERATION ECONOMIC AND DISTRIBUTIVE CONSEQUENCES. THE SURVEY ON COURT DECISIONS WAS BASED ON THREE CATEGORIES OF LEGAL DISCUSSIONS: RIGHT TO HEALTH, RIGHT TO EDUCATION, AND FEDERAL INTERVENTION FOR THE NON-PAYMENT OF JUDICIAL DEBTS. INITIALLY, I EXAMINE THE TREATMENT RECEIVED BY THE CONCEPTS OF COSTS OF RIGHTS, RESOURCE LIMITATION AND THE “UNDER RESERVE OF THE POSSIBILITIES” CLAUSE IN EACH CATEGORY. AND, SUBSEQUENTLY, I COMPARE THE RESULTS OBTAINED IN ORDER TO HIGHLIGHT THEIR DIFFERENCES.