THE DIALOGICAL STRUCTURAL SUIT AS A DEMOCRATIC AND CONSTITUCIONAL INSTRUMENT FOR JUDICIAL REVIEW OF PUBLIC POLICE AND THE EFFECTIVENESS OF THE JUDICIAL DECISION.
Structural Process. Judicial Review of Public Policies. Effective Jurisdictional Protection. Democracy and dialogue.
Judicial protection is understood as something far beyond a simple response of the State
to a lawsuit. The right to effective, speedy and fair judicial protection transcends normal
procedural law, originating in the Brazilian constitutional branch. In this sense, aiming
at encouraging the use of methods that favor the existence of a process that meets the
constitutional longing, seeks out the use of the structural process as the appropriate
instrument for the solution of controversies typical of a complex, multitudinous society
that has lots of conflicts, that are repeated on a large scale, especially in situations
involving the State. The public entities, members of the group of the great litigants, are
the targets of numerous legal actions that, by the enormous amount, overcrowd the
Judicial Power. Some of them concern violations of constitutionally foreseen rights,
which should be safeguarded by public policies. Thus, the objective of this work is
precisely to analyze how the use of the structural process can contribute to the effective
solution of large-scale conflicts, involving public policies, seeking an effective, fair and
fast process. For this, an initial examination is made about public policies and the
possibility of intervention by the Judiciary, in the so-called judicial review, as opposed
to the idea of "separation of powers" or distinction of functions of the State. Secondly, it
is necessary to understand the institute of the structural process and structural measures,
which originate in US law, however, has already been widely used in the Brazilian
process, although there is no specific policy. Finally, we will try to understand the
possibility of employing structural measures in the Brazilian process, based on an
analysis of the democratic legitimacy of State functions. That is, the importance of the
solidification of a dialogical and democratic procedure that allows the construction of
effective and fair structuring decisions, legitimized by the real holder of power: the
people.