Banca de QUALIFICAÇÃO: ALAN MONTEIRO DE MEDEIROS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : ALAN MONTEIRO DE MEDEIROS
DATA : 16/07/2019
HORA: 16:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

 

THE DIALOGICAL STRUCTURAL SUIT AS A DEMOCRATIC AND CONSTITUCIONAL INSTRUMENT FOR JUDICIAL REVIEW OF PUBLIC POLICE AND THE EFFECTIVENESS OF THE JUDICIAL DECISION.

PALAVRAS-CHAVES:

Structural Process. Judicial Review of Public Policies. Effective Jurisdictional Protection. Democracy and dialogue.

PÁGINAS: 86
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

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.

MEMBROS DA BANCA:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Presidente - 1675264 - RICARDO TINOCO DE GOES