Justiça multiportas e acesso à justiça na Administração Pública com base nas teorias Kantiana e Habermasiana
The Multiport Justice Theory can be defined as an alternative model of conflict resolution, which proposes to use different doors - or paths - for the purpose of resolving disputes, instead of being limited exclusively to the traditional judicial system. That said, it is extremely important for th...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54405 |
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| Resumo: | The Multiport Justice Theory can be defined as an alternative model of conflict resolution,
which proposes to use different doors - or paths - for the purpose of resolving disputes, instead of being limited exclusively to the traditional judicial system. That said, it is extremely
important for the interdisciplinary approach proposed in this dissertation, since one of the
most varied forms in which it is manifested consists in the involvement of the Public Administration as a party in a given conflict. In this context, we address the issues concerning the
philosophical aspects of freedom as a determining praxis for the promotion of consensus. This
freedom must be intrinsic to the public sphere, given the concession of space for debate and
the qualifying factor of deliberative democracy. In parallel, it is established the relationship
between the models highlighted by Multiport Justice and the possibility of carrying out - or
not - agreements by the Public Administration, in view of the obstacles posed by the principle
of supremacy of the public interest and the principle of unavailability of the interest. Thus, it
is evident that the problem of the Multi-door Justice Theory, underlying the possibility of accomplishment in the Public Administration, motivates the raising of the following question:
supported by the understanding about the vast possibilities of the right to access to justice,
from the multi-door theory, how should the access to justice occur in the public administration by means of self-composition? The study of the chosen theme, in turn, is relevant because
it brings practical returns to the administrative legal system. This assertion will impact society
as a whole, especially through the approach in the discussion of law operators, since they are
juxtaposed to the administrative "counter". From this point of view, regarding the methodological procedures, it is licit to postulate the use of theoretical research, with a logicaldeductive approach, a descriptive and exploratory objective, an applied nature and a bibliographical and documental technical procedure. Thus, it concludes that the theme has an interdisciplinary character, and that the discussion still reveals many challenges to be faced in the Brazilian panorama. In fact, one of the reasons is that, unfortunately, the country, marked by a litigious culture, becomes engendered through patrimonialism. Therefore, a change in thinking is required that permeates the field of education. Therefore, it is urgent to deepen the studies based on the resolution of such practical issues. |
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