Banca de QUALIFICAÇÃO: DIEGO ALVES BEZERRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : DIEGO ALVES BEZERRA
DATE: 21/03/2024
TIME: 16:00
LOCAL: Ambiente Virtual
TITLE:

COLLEGIALITY IN CHECK: a procedural analysis of judicial deliberation models

KEY WORDS:

Speech; Intersubjectivity; Decision Model; Jürgen Habermas; Collegiality.

PAGES: 123
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Collegiality presupposes the discursive use of language within the courts. The intersubjectivity that permeates it is characterized by the multi-personal participation of judges in decision-making in a deliberative, non-adversarial and participatory environment. The model of judicial deliberation adopted in Brazil is seriatim, composed of an aggregation of monocratic votes that, when consolidated, form the ruling. However, the 2015 Code of Civil Procedure favored a strict format in procedural cooperation, forcing court judges (interna corporis) to carry out a collegiate trial. This claim to apply intersubjectivity in judicial decisions is similar to Jürgen Habermas's procedural model of judicial decision-making, where the discourse radiates throughout the process, providing dialogue aimed at consensus. Therefore, the research is proposed to investigate whether the decision-making model currently adopted in Brazil harmonizes with the court's perception of internal cooperation regarding collegiality, from a procedural decision perspective that privileges discursivity and deliberation between judges. To this end, analysis is adopted using the deductive method, through qualitative research with a normative focus and bibliographical support in the works of Jürgen Habermas and Ronald Dworkin. From this, it is understood that Jürgen Habermas builds his theory of communicative action aimed at the emancipation of man from social structures dominated by strategic action. It is understood that the procedural model of judicial decision serves as a concrete application of communicative action in the jurisdiction, favoring intersubjectivity and discourse in the making of judicial decisions to the detriment of jurisdictional action aimed at the result of means and ends in the relations of political power and economic. Finally, models of judicial deliberation were found that can serve as a response to the crisis of collegiality that exists in Brazil, with the per curiam and majority practice models being possible candidates to contribute to the collegiality that currently takes place through the aggregation of votes. It is concluded, therefore, that the seriatim model as applied in Brazil does not match the desired predicates of a model of judicial deliberation based on the procedural decision of Jürgen Habermas that privileges collegiality, understood as procedural cooperation, deliberation and the intersubjective discursivity inserted in the 2015 Civil Procedure Code.

COMMITTEE MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Interno - 1675264 - RICARDO TINOCO DE GOES