Banca de DEFESA: Renan Sales de Meira

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Renan Sales de Meira
DATE: 21/08/2024
TIME: 09:00
LOCAL: SALA DE REUNÃO DA PÓS GRADUAÇÃO - FACULDADE DE DIREITO - UnB
TITLE:

The construction of state capacities through constitutional jurisdiction: structural processes in the Supremo Tribunal Federal 

KEY WORDS:

Judicial review; structural processes; state capacities; public policies. 

PAGES: 273
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study offers an understanding of the conduction of structural process by the Supremo Tribunal Federal (STF) in concentrated judicial review, considering the construction of state capacities related to the power of producing public policies by the state bureaucracy. As an exploratory research, it aimed to understand how the Court conducts these cases, including the techniques of decision-making and the justifying discourses adopted by the tribunal. To elaborate on this understanding, the study conducted an empirical qualitative research, using the methodology of Grounded Theory (GT) in its constructivist approach, which is suitable for exploring less-studied phenomena. The empirical material consisted of public documents – judicial pronouncements of the STF in cases that are representative of the analyzed phenomenon, including singular decisions adopted by ministers. The initially collected material was related to ADPFs 709, 742, and 635, and was expanded to include ADPFs 828, 976, 991, 347, and ADO 59. The analysis of the material allowed for the identification of three types of strategies adopted by the Court: procedural, state capacity-building, and discursive. Furthermore, it allowed for the elaboration of some general categories that help to understand the behavior of the court in the phenomenon, such as coordination, dialogue, cooperation, and consensus, which are intertwined in the practice and discourse of the Court. The comparison of the results of the empirical analysis with the literature related to structural processes, public policies, and state capacities allowed for some conclusions. Through structural processes, the STF aims to enhance not only the technical and material aspects of state capacities but also the political-related ones. Those processes modify, temporarily or permanently, the institutional arrangements of the public policy related to the case, which encompass the set of rules, mechanisms, and procedures that regulate how the interactions of different subjects and interests occur in the production of public policies. While conducting those processes, the STF adapts procedures, amplifies the participation of third parties, and uses different decision-making techniques related to open and flexible provisions, injunctions that order the Executive to elaborate a plan of intervention in the structural problem, and the monitoring of the implementation of the plan and the judicial decisions. The Court relates the mode of process conduction to the justification of the legitimacy of judicial intervention in public policies (legitimacy question) and to the possibility of a real social transformation through structural processes (efficacy question). 

COMMITTEE MEMBERS:
Presidente - 2492387 - JULIANO ZAIDEN BENVINDO
Interno - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Interna - 2279451 - ANA CLAUDIA FARRANHA SANTANA
Externo à Instituição - EDILSON VITORELLI DINIZ LIMA - UFMG
Externo à Instituição - MIGUEL GUALANO DE GODOY - UFPR