Banca de QUALIFICAÇÃO: ELISIANNE CAMPOS DE MELO SOARES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ELISIANNE CAMPOS DE MELO SOARES
DATE: 12/11/2021
TIME: 14:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

DEMOCRATIC JURISDICTION, STRUCTURAL INJUNCTIONS IN PRIVATE LAW AND MULTIDOOR SYSTEM

KEY WORDS:

Civil procedural law. Democratic jurisdiction. Multidoor Courthouse System. Structural injunctions.

PAGES: 118
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The structural injunctions represented a turning point in procedural law, as it brought
the possibility of a gradual treatment of the demand, without the exhaustion of the
sentence. Structuring measures aim to implement fundamental rights, implement certain
public policies or resolve complex disputes, and are applied over time, through
successive actions whose execution is closely monitored by the court.
We can contribute to the decision-making process with the collaboration of the parties
and others interested in resolving the demand, which, according to the procedural
principle of cooperation, would be able to help the magistrate in the formation of more
democratic and balanced decisions. In this task, the contribution of the Habermasian
Theory of Communicative Action proves to be useful and fruitful.
There has been common talk of structuring measures aimed at collective litigation. This
work proposes a reflection on the possibility of its application to genuinely private
demands. To this end, it outlines a brief overview of judicial activism, the history of the
structural process and, later, talks about the movement of constitutionalization of civil
law and the possibility of applying structural measures to judicial reorganization
processes, possessory actions and to combat moral harassment within companies.
Finally, it conceptualizes the means of self-composition of conflicts and proposes them
as structuring techniques and tools for handling by the judge, effective in the democratic
resolution of controversies, overcoming the classic procedural model of the sentence as
a finalizing pronouncement of the litigation.

BANKING MEMBERS:
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