Banca de DEFESA: ALAN MONTEIRO DE MEDEIROS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : ALAN MONTEIRO DE MEDEIROS
DATA : 29/08/2019
HORA: 11:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

 

DIALOGUE STRUCTURAL PROCESS AS A DEMOCRATIC INSTRUMENT

FOR A JUDICIAL REVIEW OF PUBLIC POLICIES

PALAVRAS-CHAVES:

Structural suit. Dialogical suit. Democracy. Public police.

PÁGINAS: 92
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present work has as main objective to analyze the circumstances in which the
judicial review of public policies takes place, trying to confront them with the bases
affirmed by the Constitution of the Federative Republic of Brazil of 1988. In this sense,
initially it will be analyzed the purpose proposed by the social model of process,
focusing on the meaning of judicial protection. After understanding the role of judicial
protection in the context of the Democratic Rule of Law, the judicial review of public
policies will be carefully studied, from the perspective of the legitimacy of the judiciary.
Next, the definitions of structural measures and the structural process will be examined,
based on the conception employed by US law. In the end, the present work aims to
conceive a structural procedural model appropriate to the Constitution of the Federative
Republic of Brazil. Adopting a hypothetical deductive methodology, the research is
developed from the confrontation of questions to be progressively answered, hypotheses
and deductions. It uses a bibliographic reference as the base theory for the production of
the first questions, as well as for the beginning of the elaboration of the respective
answers, which will also be based on concrete cases examined in detail in an exemplary
way. Therefore, it is understood that the intended judicial protection in a Democratic
State context, does not require equally democratic legitimation, without distancing itself
from the social bias: effectiveness and speed. That said, we refute the hypothesis of
judicial control of public policies, replacing it with the revision, as long as it is
democratically supported, in a dialogic procedure. Therefore, in the case of complex
processes, in which there will be structural reformulations, the dialogue of the
institutions and, equally, between the legislative, executive and judicial functions, must
necessarily have the intermediary of the real holder of legitimacy: the people. Therefore,
it is essential to have a proper procedure for structural cases, allowing and making direct
popular participation mandatory, as a global instance of attribution of legitimacy.

MEMBROS DA BANCA:
Presidente - 1675264 - RICARDO TINOCO DE GOES
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Externo à Instituição - PAULO SÉRGIO DUARTE ROCHA JUNIOR