MEDIATION APPLIED TO STRUCTURAL LITIGATION: PATHWAYS TO DEMOCRATIC LEGITIMACY THROUGH JURISDICTIONAL PERFORMANCE
mediation; structural lawsuit; jurisdiction; democratic legitimacy; public policies.
This dissertation analyzes the application of mediation in structural lawsuits from the perspective of its contribution to strengthening the democratic legitimacy of judicial adjudication. The study is delimited to the Brazilian context, with emphasis on situations in which the Judiciary is called upon to intervene in complex and ongoing public policies, requiring solutions that go beyond the traditional logic of individual and reparatory litigation. The research addresses the issue of the democratic deficit and the low level of social participation in the formulation of judicial decisions in structural cases, which often affect large groups and demand cooperation among multiple institutional actors. The study is justified by the Judiciary’s increasing involvement in structural matters and the need to rethink procedural mechanisms that ensure legitimacy, effectiveness, and social inclusion. The general objective is to analyze how mediation can be incorporated into structural proceedings as a mechanism capable of fostering institutional and social dialogue, promoting collaborative solutions, and reinforcing the democratic foundations of the jurisdiction. To achieve this purpose, a qualitative approach was adopted, based on bibliographic research and a case study, with a basic and explanatory methodological design. The results indicate that mediation, by encouraging the direct participation of the involved parties, strengthens transparency, mutual commitment, and shared responsibility for the constructed solutions, promoting a jurisdiction more attuned to collective demands and the complexity of public policies. It is concluded that the integration of mediation into structural proceedings significantly contributes to the democratization of judicial adjudication, enabling the Judiciary to act as a catalyst for legitimate and lasting consensus.