Neoconstitucionalismo e a Ampliação da Função Social dos Direitos Fundamentais: A Evolução Hermenêutica da Norma Constitucional e o Controle Judicial das Políticas Públicas

This study analyzes the influence of neoconstitutionalism on the expansion of the social function of fundamental rights in Brazil, particularly after the promulgation of the 1988 Federal Constitution. It investigates how the shift from legalistic positivism to a constitutional hermeneutics grounded in the principles of human dignity and proportionality has redefined the interpretation and application of constitutional norms. Employing a deductive method and a qualitative approach, the study draws on specialized legal doctrine and jurisprudence from superior, regional, and state courts. The findings indicate that neoconstitutionalism has played a central role in the concrete enforcement of social rights by legitimizing judicial intervention in the implementation of public policies and in remedying state omissions. The research underscores the judiciary’s role in safeguarding the existential minimum and in promoting a legal order committed to social justice, while preserving institutional balance through respect for the separation of powers.