The (Inevitable) Judicialization of Social Security Benefits, Interpretative References and the Difference Paradigm: Debates and New Perspectives

Abstract

This article questions the effectiveness of social rights, specifically social security rights, and aims to analyze the judicialization of rejected benefits, initially in the administrative way, as well as the interpretative perspectives adopted by magistrates in the face of an increasingly contingency-burdened Judiciary. The research method adopted was the bibliographic review in which, using the paradigm of difference, an analysis of the phenomenon of judicialization of such social rights in kind was carried out. In the end, it is concluded that new perspectives must be adopted in the relationship between magistrates and legal operators, precisely to avoid state ineffectiveness.