O “compromisso significativo” (Meaningful Engagement) e a promoção do pluralismo democrático na concretização judicial dos direitos fundamentais sociais na África do Sul

The present paper intends to analyze the procedural mechanism known as “Meaningful Engagement”, developed by the South African Constitutional Court in order to promote the solution of conflicts involving social rights of marginalized groups, through the interaction between those effectively affected...

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Bibliographic Details
Main Authors: Kozicki, Katya, Schneider van der Broocke, Bianca M.
Format: Article
Language:Portuguese
Published: 2019
Subjects:
“meaningful engagement”
transformative constitutionalism
dialogical activism
pluralism
socio-economic rights
“compromisso significativo”
constitucionalismo transformador
ativismo dialógico
pluralismo
direitos fundamentais sociais
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7256318
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 20, Nº. 2, 2019 (Ejemplar dedicado a: Espaço Juridico Journal of Law [EJJL]), pags. 267-290
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O “compromisso significativo” (Meaningful Engagement) e a promoção do pluralismo democrático na concretização judicial dos direitos fundamentais sociais na África do Sul
Summary: The present paper intends to analyze the procedural mechanism known as “Meaningful Engagement”, developed by the South African Constitutional Court in order to promote the solution of conflicts involving social rights of marginalized groups, through the interaction between those effectively affected by and the responsible public authorities, in search of a deliberative agreement that responds to the context and the particular necessities involved. Using the deductive method, and especially the critical review of bibliography of comparative law on the subject, it is shown that the use of this institute as a jurisdictional strategy in the context of the realization of constitutionally recognized human rights, represents respect both the substantive and procedural aspects of justice, and can successfully negotiate the tensions between universalism and particularism in a multiethnic and multicultural democratic society. Moreover, by allowing equal participation in the construction of constitutional meanings, the “Meaningful Engagement” promotes the observance of pluralism as a corollary of the liberal democratic principles of equality and freedom.

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