DELIBERATIVE DEMOCRACY: THE PUBLIC OPINION AND THE AMICUS CURIAE FROM THE PROCEDURAL JURISDICTION POINT OF VIEW
Deliberative democracy. Jürgen Habermas. Procedural public opinion. Amicus Curiae. Procedural jurisdiction.
This dissertation aims to analyze the connection between procedurally constructed public opinion, through discourse, with the legitimity and rationality of constitutional jurisdiction. The study is carried from a deductive method, through qualitative research and normative bias, and bibliographical support on the work of Jürgen Habermas, being the theory of communicative action the starting point. In the course of the study, considerations about the formation of public opinion in the context of deliberative democracy and its reflexes in judicature, being amicus curiae the communicative channel between civil society and the judiciary branch. Comprehends, moreover, that jurisdiction has its legitimity conditioned to a procedural model, whose crossbeam is the dialogical cooperation between all precedural actors involved,being thius one of the tones adopted by the new Código de Processo Civil. In the end, it is concluded that the procedural model based in Jürgen Habermas is appliable in Brazil.