A esfera pública jurídica e os precedentes judiciais: a defesa pela aproximação da diversidade social às decisões do poder judiciário
This is a work on the institutionalization of the legal public sphere in the scenario of the Brazilian Judiciary, based on judicial precedents in the national legal system. To this end, we sought to trace the outlines of the concept of the public sphere, taking as a starting point the studies of its...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/33334 |
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| Resumo: | This is a work on the institutionalization of the legal public sphere in the scenario of the
Brazilian Judiciary, based on judicial precedents in the national legal system. To this end, we
sought to trace the outlines of the concept of the public sphere, taking as a starting point the
studies of its main theoretical framework, the philosopher Jürgen Habermas. In view of the
substantial relevance of the theme in the social sciences and due to its scope, an attempt was
made to delimit a concept that is representative of the public sphere in its legal aspect,
complementing it by the struggle for recognition theorized by Axel Honneth. Still, the influence
of Nancy Fraser was proposed with regard to encouraging the participatory parity of
individuals, in order to enable the mitigation of a decision-making authority centralized by the
magistrates, who usually release themselves from the dialogue with society, mitigating the
image of the judge as figure endowed with a Herculean knowledge, defusing it. This approach
aims to fill the sociological deficit perceived in Habermas' theory, determining a public legal
sphere that can be strengthened to the point that allows the porosity of the Law itself. To this
end, it became essential to examine the speech procedure, in which it was proposed to bring the
public legal sphere closer to the judicial precedents. With this, theoretical efforts were used to
redefine the preconceived structure in the legal order, by proposing to redesign the decision
model practiced by the Brazilian Judiciary, with special attention to the Supreme Court in its
precedentalist theory. This, therefore, is perceived by the need to encourage judicial decisions
to be built with the contribution of discussions originating in the peripheries, towards decisionmaking centers, taking into account the social diversity and its multiple arguments, in whatthe
public sphere should serve as a procedure for social integration. In this line, the work was
developed using the hypothetical-deductive method, seeking different doctrinal positions, with
a bibliographic survey carried out with evident theoretical reference in Jürgen Habermas, Axel
Honneth and Nancy Fraser. |
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