O processo estrutural dialógico como instrumento democrático de revisão judicial de políticas públicas

The present work has as main objective to analyze the circumstances in which the judicial review of public policies takes place, trying to confront them with the bases affirmed by the Constitution of the Federative Republic of Brazil of 1988. In this sense, initially it will be analyzed the purpose proposed by the social model of process, focusing on the meaning of judicial protection. After understanding the role of judicial protection in the context of the Democratic Rule of Law, the judicial review of public policies will be carefully studied, from the perspective of the legitimacy of the judiciary. Next, the definitions of structural measures and the structural process will be examined, based on the conception employed by US law. In the end, the present work aims to conceive a structural procedural model appropriate to the Constitution of the Federative Republic of Brazil. Adopting a hypothetical deductive methodology, the research is developed from the confrontation of questions to be progressively answered, hypotheses and deductions. It uses a bibliographic reference as the base theory for the production of the first questions, as well as for the beginning of the elaboration of the respective answers, which will also be based on concrete cases examined in detail in an exemplary way. Therefore, it is understood that the intended judicial protection in a Democratic State context, does not require equally democratic legitimation, without distancing itself from the social bias: effectiveness and speed. That said, we refute the hypothesis of judicial control of public policies, replacing it with the revision, as long as it is democratically supported, in a dialogic procedure. Therefore, in the case of complex processes, in which there will be structural reformulations, the dialogue of the institutions and, equally, between the legislative, executive and judicial functions, must necessarily have the intermediary of the real holder of legitimacy: the people. Therefore, it is essential to have a proper procedure for structural cases, allowing and making direct popular participation mandatory, as a global instance of attribution of legitimacy.

Grantor

Brasil

Year dc:date.issued

2019

Author dc:creator

• Medeiros, Alan Monteiro de

Advisor dc:contributor.advisor

• Goes, Ricardo Tinoco de

• Processo estrutural
• Processo dialógico
• Democracia
• Políticas públicas

Statement dc:rights

• Acesso Aberto

Language dc:language

pt_BR

Repository record dc:identifier.uri

https://repositorio.ufrn.br/jspui/handle/123456789/28147

OAI identifier oai:identifier

oai:repositorio.ufrn.br:123456789/28147