Banca de QUALIFICAÇÃO: HEMILY SAMILA DA SILVA SARAIVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : HEMILY SAMILA DA SILVA SARAIVA
DATE: 17/11/2021
TIME: 14:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

DEMOCRATIC STRUCTURAL COLLECTIVE PROCESS IN THE BRAZILIAN JURISDICTION: PARTICIPATION INSTRUMENTS AS LEGITIMATING ELEMENTS IN THE CONSTRUCTION OF STRUCTURAL DECISIONS

 

KEY WORDS:

 Fundamental Rights; Structural Processes; Participation Instruments; Democratic Legitimacy.

PAGES: 140
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation deals with structural processes in the Brazilian constitutional jurisdiction with emphasis on dialogical instruments of participation. Faced with the omission of the other Powers, the control and implementation of public policies by the Judiciary through structural processes is the way to maximize the effectiveness of fundamental rights, in order to ensure the existential minimum to the citizen. However, the legitimacy of the Judiciary in this activist posture is questioned in light of the principle of separation of powers and the possible arbitrariness in the exercise of this function. The crux of the matter is how to implement these rights in a civil procedure markedly individual. In view of the challenges to solving problems in complex and multipolar litigation, there is a need to strengthen the collective character of the process and to rethink the available dialogic instruments, foreseen nationally and internationally, aiming at a collective process compatible with the peculiarities of structural problems, since there is no current structural process as such. It is necessary to have a democratic structural collective process that observes a flexible, dialogic procedure with consequentialist decisions. For the development of this work, we used a qualitative research and a descriptive level of investigation. The approach method is hypothetical-deductive, through the analysis of bibliographic and jurisprudential material, in addition to the normative devices related to structural processes in a Social and Democratic State of Law.

BANKING MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1497348 - LEONARDO MARTINS
Interno - 1675264 - RICARDO TINOCO DE GOES