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 purpo...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/28147 |
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| Resumo: | 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. |
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