Banca de DEFESA: RAISSA HOLANDA RAMOS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAISSA HOLANDA RAMOS
DATE: 09/07/2021
TIME: 10:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

The judicial public sphere: social diversity with the support of judicial precedents

KEY WORDS:

Legal public sphere. Social diversity. Judicial precedents.

PAGES: 100
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This is a work on the institutionalization of the legal public sphere in the scenario of the Brazilian Judiciary, based on judicial precedents in the national legal system. To this end, we sought to trace the outlines of the concept of the public sphere, taking as a starting point the studies of its main theoretical framework, the philosopher Jürgen Habermas. In view of the substantial relevance of the theme in the social sciences and due to its scope, an attempt was made to delimit a concept that is representative of the public sphere in its legal aspect, complementing it by the struggle for recognition theorized by Axel Honneth. Still, the influence of Nancy Fraser was proposed with regard to encouraging the participatory parity of individuals, in order to enable the mitigation of a decision-making authority centralized by the magistrates, who usually release themselves from the dialogue with society, mitigating the image of the judge as figure endowed with a Herculean knowledge, defusing it. This approach aims to fill the sociological deficit perceived in Habermas' theory, determining a public legal sphere that can be strengthened to the point that allows the porosity of the Law itself. To this end, it became essential to examine the speech procedure, in which it was proposed to bring the public legal sphere closer to the judicial precedents. With this, theoretical efforts were used to redefine the preconceived structure in the legal order, by proposing to redesign the decision model practiced by the Brazilian Judiciary, with special attention to the Supreme Court in its precedentalist theory. This, therefore, is perceived by the need to encourage judicial decisions to be built with the contribution of discussions originating in the peripheries, towards decision-making centers, taking into account the social diversity and its multiple arguments, in what the public sphere should serve as a procedure for social integration.

BANKING MEMBERS:
Externo ao Programa - 1051231 - LUCIANO ATHAYDE CHAVES
Externo à Instituição - MARCO AURELIO DE MEDEIROS JORDÃO - UNI-RN
Presidente - 1675264 - RICARDO TINOCO DE GOES