Banca de DEFESA: GABRIELLE CARVALHO RIBEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : GABRIELLE CARVALHO RIBEIRO
DATA : 28/12/2017
HORA: 09:00
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:

Social rights; Effectiveness; Public policy; Strategic litigation.

PÁGINAS: 159
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The recognition in Brazil of the legitimacy of the Judiciary to intervene in the control of public policies raises the concern with the effectiveness of the decision-making acts. The study highlights that, from the years 2000 to the present, there was a wide jurisprudential evolution in the field of judicial control of public policies. It states, however, that the great challenge is no longer to obtain a judicial decision, but to ensure the enforcement of the decision-making act. The objective of the research is to approach strategic litigation in social rights as an instrument aimed at forming feasible judicial decisions in the control of public policies. It adopts the deductive method, the qualitative approach and the applied and exploratory research, using a case study and bibliographic research, including the exploration of doctrine, legislation and judicial decisions. It maintains that the strategic litigant must guide its action from the knowledge of the violation of the social right, through qualified listening of the victims; the identification of the goals and priorities of the public manager and the program analysis defined by the public policy council. It emphasizes the importance of seeking consensual solutions in the course of investigating extrajudicial procedures, choosing the appropriate route for strategic litigation, and knowing the judgment that will appreciate the cause. It explains that in the process of knowledge, the strategic litigant should have a prospective focus on probative production, in addition to seeking the democratization of debate and dialogical and cooperative solutions. It shows the importance of considering the micropolitical and macropolitical impacts of the judicial decision, also analyzing the costs and bonuses of the delay of the decision and the concern with the inclusion of the demand on the agenda. 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, seeking to relate the stages of the case with the moments of 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:
Presidente - 1197589 - MARIA DOS REMEDIOS FONTES SILVA
Externo ao Programa - 2322239 - MORTON LUIZ FARIA DE MEDEIROS
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN