DOES JUSTICE SERVE THE LAW OR DOES LAW SERVE THE JUSTICE?

Abstract

The objective of this investigation is to highlight the importance of Law, its relationship with Brazilian Justice and the mechanisms that contributed to the understanding of how the Judiciary must act in an active way, in view of its social responsibilities. The research addresses the complexities and challenges of implementing human and social rights in a world marked by economic, political and social transformations, which are fundamental to ensuring decent living conditions, and which face obstacles in the face of state crises, globalization and judicialization. In search of “sociological balance”, the changes recorded in the functioning of the Brazilian Justice system are analyzed in comparison with the social, political and economic reality of the country and its group, community and class conflicts. Based on a critical and interdisciplinary analysis of the tensions between human rights, social rights and justice in an unequal and globalized world, it is important to highlight the need to reinforce the role of the State and civil society in the construction of a model that guarantees the effectiveness of social rights and faces the challenges imposed by contemporary economic and political changes.