Banca de QUALIFICAÇÃO: GABRIELLE CARVALHO RIBEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : GABRIELLE CARVALHO RIBEIRO
DATA : 13/12/2017
HORA: 10:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

STRATEGIC LITIGATION IN SOCIAL RIGHTS AND THE FORMATION OF JUDICIAL DECISIONS EXERCISED IN THE CONTROL OF PUBLIC POLICIES

PALAVRAS-CHAVES:

Effectiveness of social rights; Judicial control of public policies; Strategic litigation in social rights; Judicial decisions enforceable.

PÁGINAS: 158
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present dissertation approaches the strategic litigation in social rights before the necessity of forming judicial decisions feasible in the control of public policies. Using bibliographical and jurisprudential research, it presents, in a first moment, the accepted parameters, in Brazil, for the jurisdictional control of public policies, showing its evolution in the Federal Supreme Court, from the beginning of the years 2000 until the present time. He argues that, in the face of structural problems, the challenge, in judicial control of public policies, is no longer the delivery of the sentence that legitimizes this jurisdictional activity, but rather ensures the execution of the decision-making act. It resorts to strategic litigation in social rights as an instrument aimed at overcoming this problem, presenting its characteristics, its multifaceted character and its moments. In entering the pre-procedural moment, it maintains that the strategic litigant should guide its action from the knowledge of the violation to the social right, through qualified listening of the victims; the identification of the goals and priorities of the public manager; of the program analysis defined by the public policy council; the search for consensual solutions in the course of the investigation of extrajudicial procedures; in choosing the appropriate route for strategic litigation and in the knowledge of the judgment that will appreciate the cause. At the stage of the knowledge process, in turn, the concerns of the strategic litigant with the prospective focus of probative production are addressed; with the democratization of the debate and search for dialogical and cooperative solutions; with consideration of the micropolitical and macro-political impacts of the judicial decision; with the analysis of the costs and bonuses of the delay of the decision and with the inclusion of the demand in list of judgment. In the end, it analyzes the paradigmatic case of strategic litigation in social rights: the management of the socio-educational system of the State of Rio Grande do Norte in front of the judicial intervention in the State Foundation of the Rights of the Child and the Adolescent, trying to relate the stages of the case with the moments of the strategic litigation. It shows that, in the context of the Executive and Legislative Branch's disrespect for the effectiveness of social rights, alongside the finding that deficiencies in the implementation of various public policies may stem from structural failures, strategic litigation emerges as an instrument for feasible judicial decisions.

MEMBROS DA BANCA:
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Presidente - 1197589 - MARIA DOS REMEDIOS FONTES SILVA
Externo ao Programa - 2322239 - MORTON LUIZ FARIA DE MEDEIROS