Banca de QUALIFICAÇÃO: Stefano Cunha Araujo

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Stefano Cunha Araujo
DATE: 21/11/2022
TIME: 14:30
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWVhMWEzNzYtYTAyZS00OTU2LTgzZWEtYWIyZmIxNTRhN
TITLE:

"THE DEMOCRATIC (IL)LEGITIMITY OF ADJUDICTION: Overcoming the anti-topic structure of decision that undermines the power of citizenship´s discursive influence exercised in judicial debates".

KEY WORDS:

Democratic legitimacy of adjudication. Adversaries´ powers on the process. Application discourses. Klaus Günther. Legal proceduralism.

PAGES: 160
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The theory of democratic legitimacy of adjudication emerges as an answer to the problem verified from the judicial structure called anti-topic on this thesis, which is founded on a defensive jurisprudence that limits judicial debates, promoting the recurrent discursive flight of judicial cases. The research revealed that the anti-topic structure provides the basis for a discretionary model of judicial action, what overcomes the very discretion of the methodological positivism, because it operates a decision-making power outside of the cases, with the consequent emulation of an abstract model of jurisprudence, centered on the establishment of legal concepts disconnected from the power of citizenship´s discursive influence. The defense of an adversarial structure that operates as an equivalent of equality appears as a procedural answer to this problem, building the foundations of a hermeneutics that anchors in intersubjective bases of critical reflexivity the formatting of institutional spaces dedicated to the recognition of the fairness and the consequent “identity of the constitutional subject”, in the sense used by Michel Rosenfeld, through a judicial culture of well-resolved judicial cases. The proposal to convert justification discourses into application discourses appears as a viable theoretical approach to Klaus Günther's model of legal argumentation, which implements a way of understanding the rationality of judicial decisions compatible with the thesis of democratic legitimacy of adjudication. The concepts of the community of principles and the political integrity, rescued from Ronald Dworkin, provide the basic constitutional philosophy, while the rescue of the Gadamerian notion of hermeneutics anchors the understanding of rights as social presence at a historical-effectual level. By rescuing Rosenfeld's psychoanalytic tools and the notion of Habermasian discursive democracy, the issue of the new constitutionalism is approached from the perspective of a democratic adjudication, emulating the identity of the constitutional subject through the equal treatment given to the citizenship in the process of application (and mutual recognition) of rights.

BANKING MEMBERS:
Presidente - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Interna - 1716148 - CLAUDIA ROSANE ROESLER
Externo à Instituição - CLAUDIO LADEIRA DE OLIVEIRA - UFSC
Interno - 321346 - MENELICK DE CARVALHO NETTO