Abstract
This article seeks to examine public policies as the realization of social rights within the current Social State, embodied by an extensive catalog of social rights and, from the juridical and constitutional consecration of these rights, they constitute the foundation of public development policies to the to interest, here, the vision that frames social rights as a framework for action of public policies. Thus, it is through public policies that the State concretizes fundamental rights, especially social rights. In addition, public policies in constitutional states are in line with judicial activism, since the judiciary in exercising control of public policies does not replace the functions of the legislative and executive branches, but implies, in turn, human being is deprived of the exercise of a fundamental right, recognized in the Constitution or in the law, because the Public Power was inert or omission. The article will also analyze the administrative discretion in the decision making of the public agent in the context of the public policies of social rights. The bibliographical research was thus directed to the more detailed consultation of ample material available by concentrating all the synergies for the systematization of theoretical and juridical elements with the purpose of erecting arguments or solutions that frame social rights as usual object of the state public policies.
Keywords:
Social State; Public policy; Social rights; Discretionary; Judicial control