Banca de QUALIFICAÇÃO: EDSON MATHEUS DANTAS VIEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : EDSON MATHEUS DANTAS VIEIRA
DATE: 10/08/2023
TIME: 11:00
LOCAL: Ambiente virtual
TITLE:

STRUCTURAL INJUNCTIONS AND THE REALISATION OF FUNDAMENTAL RIGHTS IN THE CONTEXT OF REPRESENTATIVE DEMOCRACY

KEY WORDS:

Rule of Law. Vicissitudes. Structural Injunction.

PAGES: 92
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In the light of fundamental rights and, in particular, of the realization of social rights, the obligation to realize these rights in a context marked by difficulties in the governance of States. This scenario challenges the allocation of resources to face crises and fulfill the purposes of the welfare state. In the light of vicissitudes and changing constitutional realities, it is demanded that the search for solutions within the system itself for the implementation of the Constitution. Indeed, there is a need to reconcile free initiative with the social values of work and the realization of respect for human dignity in parallel with sustainable economic and technological development. For this, the present work brings to light the use of structuring decisions as a mechanism for the realization of fundamental rights within the existing positive law system itself. To this end, the objective is to analyze the parameters adopted by the judicial bodies when issuing structuring decisions, based on paradigmatic judgments issued by the Federal Supreme Court (STF), from which the dissertation will be structured. The first part of the work will discuss the idea of structuring decisions, addressing its historical origin, its essential aspects and its legal basis. The second part seeks to discuss structuring decisions and public management, with special focus on the changes introduced by Law No. 13,655/2018 in LINDB, evaluating the legitimacy and possibility of interference in the management of public resources by the Brazilian Judiciary. Finally, the third part of the work is dedicated to assessing judgments selected among judicial decisions issued in the Federal Supreme Court, in order to verify which parameters are adopted in the structuring decisions, as well as to critically evaluate the data collected in order to draw a panorama on the subject and evaluate the pertinence of the adoption of structuring decisions in the Brazilian legal system.

COMMITTEE MEMBERS:
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO