Banca de DEFESA: DIJONILSON PAULO AMARAL VERISSIMO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : DIJONILSON PAULO AMARAL VERISSIMO
DATA : 15/07/2019
HORA: 09:00
LOCAL: AUDITÓRIO 01 DO NEPSA II/CCSA DA UFRN
TÍTULO:

FEDERAL PUBLIC ADVOCACY AND THE JUDICIALIZATION OF PUBLIC POLICIES

PALAVRAS-CHAVES:

Federal Public Advocacy; Judicialization of public policies; Reduced litigiosity.

PÁGINAS: 206
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

In recent years, especially in the post-Federal Constitution period of 1988, on the basis of the realization of fundamental rights and in the cases of omissions of the executive and legislative powers, the national legal and political setting has witnessed a Broadening the judicial control of public policies. The dissertation aims to investigate the role of the Federal Public Advocacy in the political setting of justiciality of the public policies, demonstrating its importance of acting in the phases of formulation and implementation of these. It highlights the historical background, composition and careers of the Advocate General of the Union, seeking to analyze the constitutional and legal attributions of the institution and its position in the Federal Constitution of 1988 as an essential function to justice. Based on several authors with occasionally disparate views on the subject, it analyzes the principle of separation of powers and its relationship with the legitimacy and limits of judicial intervention in public policies. It examines the jurisprudence of the Federal Supreme Court on the aforementioned principle and the actions of the judiciary in directing public policies. It evidences the cooperative model of process and the insertion of public advocacy in this context, highlighting the administrative initiatives for the extrajudicial settlement of disputes, as well as the institutional procedures in resolving conflicts arising from of increasing judicialization. Finally, it proposes the creation of the Administrative Conciliation Chamber as an alternative to the solution of conflicts involving social welfare benefits, considering the large volume of actions in proceedings in national justice. It adopts the deductive method, the qualitative approach and the applied and exploratory research, with the use of bibliographic research, including the exploitation of the doctrine, legislation and judicial decisions.

 

 

 

MEMBROS DA BANCA:
Presidente - 1197589 - MARIA DOS REMEDIOS FONTES SILVA
Externo ao Programa - 2322239 - MORTON LUIZ FARIA DE MEDEIROS
Externo à Instituição - PAULO LOPO SARAIVA - UFRN