Aportes sobre a segurança jurídica em processos estruturais: a necessidade de uma previsibilidade normativa
In the last few years, the discussion about structural problems in Brazilian territory has been grow considerably. There are several studies about the structural particulars features, structural measures and structural elements, forms of participation and leading structural decisions. However, notwi...
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| Formato: | bachelorThesis |
| 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/123456789/51020 |
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| Resumo: | In the last few years, the discussion about structural problems in Brazilian territory has been grow considerably. There are several studies about the structural particulars features, structural measures and structural elements, forms of participation and leading structural decisions. However, notwithstanding the big relevance of the subject, few discussions are seen about how provide legal certainty in those litigation. In this perspective, considering that Brazil is still a marked country by big social inequalitys, which culminates – inevitably – in judicial actions involving the treatment of fundamental rights and guarantees, it’s known that not infrequently this reality involves the treatment of structural problems. Thereby, this guarantee involves rethinking the application given to the institute of legal certainty (inside) in the treatment of these demands, as well as the need to put under discussion the necessity to elaborate legal regulations, able to guide safe actions in solving this type of structural problem. (outside legal certainty). Considering the emergence of these problems accrue the operation mode of public agency or institution, or even private, becomes important to answer the following questions: the commom civil procedure is enough to guarantee a safe performance in the resolution of structural problems? Furthermore, what the development of a predictability, as from a specific legislation has to offer in solving a structural problem? As from a qualitative approach, through the critical analysis of articles and understandings about the matter, added to a hypothetical deductive method, will be presented the traditional definitions about legal certainty (inside), as well as the need to consider current concepts about this institute, primarily within the scope of structural disputes. Added to that, understanding about the dynamic being in a structural problem will have fundamental importance for a proper comprehension about the need to have a own regulations to address the issue (outside legal certainty). Finally, analysis of the commom procedure, adopted by the civil procedure code, it’s also indispensable to justify the need to think about the development of a specific law, considering, therefore, the positives presents that must be taken advantage of, but also considering the negatives, that make processing unfeasible based solely on this legal regulation. |
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