Rights
The 1988 Citizen Constitution with direct constitutional actions
Brazil's constitution is long, detailed and rights-rich. The Supreme Federal Court hears abstract review actions brought by designated bodies as well as individual appeals.
Key rules
- ADI, ADPF and ADC actions allow abstract review with binding, general effect.
- Cláusulas pétreas protect federalism, separation of powers, direct suffrage and individual rights.
- Social rights including health and education are judicially enforceable.
Governing law
- Constituição Federal (1988)
- Lei 9.868/1999Abstract review procedure
In practice
Judicialização da saúde — individual court orders compelling the state to fund treatment — is the most visible consequence of enforceable social rights.