Banca de DEFESA: EDUARDO PHILIPE MAGALHAES DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : EDUARDO PHILIPE MAGALHAES DA SILVA
DATE: 13/12/2023
TIME: 10:00
LOCAL: on line
TITLE:

Judicial protection in structural litigation: propositions for the development of a theory of structural injunctions based on their degree of intervention

KEY WORDS:

structural disputes, structural litigation, structural injunctions

PAGES: 109
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Civil
SUMMARY:

This study is dedicated to the study of structural or polycentric litigation in the field of Procedural Law. The objective is to analyze this new type of litigation and understand its relevance in the contemporary legal context. Structural disputes demand adequate judicial protection, capable of analyzing the various nuances and interests involved, due to their potential to affect multiple interests. In this context, the Judiciary takes on new challenges in the search for the enforcement of a minimum level of civilization, especially in emerging countries such as Brazil. The structural process becomes an instrument for the realization of the rights proclaimed in the Constitution and for the transformation of the Judiciary into a space of inclusive citizenship. Throughout the text, several conceptual and terminological aspects related to the structural process are discussed, as well as its relationship with the collective process and the need for a new form of collective protection that covers diffuse rights. This research seeks to answer the central question: is it possible to define the intervention of a structuring judicial decision in degrees based on the intensity of the violation of a right and how to measure this degree of violation? The study establishes a dialogue about the typology of collective litigation and proposes a classification in degrees of intensity for structuring decisions, taking into consideration vectors of conflict and complexity. The purpose of this proposed classification into degrees of the structuring decision is to understand how the type and characteristics of structural litigation determine the actions of the Judiciary in the search for practical results and in the interaction with the structures it intends to reform. The research focuses on a moderate scope of Structural Class Action, which aims at changing repeated practices or conduct already embedded in the dynamics of a public or private structure, as well as at restructuring the functioning of a bureaucratic structure. In the case of public bureaucratic structures, the structural process is aimed at the implementation of public policies previously established in a normative program, when the lack of implementation or deficient implementation violates fundamental rights or constitutional precepts. For private structures, it is argued that changing practices or conduct that violate fundamental precepts or changing the operation of the structure must have an underlying public interest. In sum, the study proposes a classification in degrees of the structuring decision, considering the intensity of the violation of rights, taking into account vectors of conflict and complexity. In addition, it establishes criteria such as the number of people impacted, the number of participants influencing the dialogue, territoriality, the amount of rights violated, and the existence of a previous public policy compatible with the Constitution. The objective is to understand how this classification relates to the way the decision is reached, involving dialogical and coercive measures.

COMMITTEE MEMBERS:
Interno(a) - 1653663 - BECLAUTE OLIVEIRA SILVA
Interno(a) - 1639871 - FREDERICO WILDSON DA SILVA DANTAS
Externo(a) à Instituição - MARCO FÉLIX JOBIM - PUC - RS