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Lawyer Thiago Lucas da Silva Marinho has sought to clearly present the positions on the phenomenon of judicialisation, adopting an expository line with the sole aim of clarifying the systematics of the issue. The aim is to show the reader, through this work, the doctrinal positions and understandings of the Courts that have been built up over time. Here, the author delimits the field of study to the theory of the existential minimum in the face of budgetary rationalisation, defining and establishing its foundations. He then brings to light the recent position of the Federal Supreme Court in its judgement.