Banca de DEFESA: RAYANE AYRES LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAYANE AYRES LIMA
DATE: 26/02/2025
TIME: 19:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

From utopia to reality: regulation of “structural litigation”, a new paradigm of access to justice in the Supreme Federal Court?

KEY WORDS:

Structural Litigation. Complex Litigation. Social Participation. Adequate Representation. Access to Justice.

PAGES: 182
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study analyses the participation and representation as essential prerequisites for access to justice in structural processes, through the analysis of a specific case. Its objective is to understand how, and to what extent, a dialogical environment has been fostered in structural processes currently pending before the Supreme Federal Court. This topic underscores the necessary dialogue between structural processes, viewed as a new procedural paradigm, and the constitutional guarantee of access to justice. In this context, an initial retrospective analysis was conducted regarding how the doctrine focused on the study of structural processes perceived the appropriate procedure for the judicial handling of so-called structural litigations up until 2024. Considering the drafting of the preliminary bill for structural processes in 2024, this study seeks to ascertain whether the procedure proposed by the commission of jurists aligns with the doctrinal perspectives that had been advocated as suitable procedural approaches until that time. Within this framework, a bibliographical review is undertaken on the concepts of access to justice and structural (or complex) processes, exploring their interrelation to evaluate whether participation and representation in these processes facilitate adequate access to justice and whether they ensure the dialogical environment necessary for structural processes. To carry out this assessment in a concrete case, ADP No. 635, known as the “ADPF of the Favelas,” is analyzed to determine which mechanisms of participation and representation are being afforded to groups impacted by structural (or complex) litigations in the processes before the Supreme Federal Court, and to verify whether these mechanisms are sufficient to guarantee adequate access to justice. In this regard, the study assesses whether the admission of amicus curiae and the organization of public hearings can ensure (i) adequate participation and representation; (ii) the dialogical environment essential for structural (or complex) processes; and (iii) the mitigation of any significant risk to the legitimacy of the procedure and judicial actions. Lastly, based on the findings from the research, the study recommends the adoption of measures that could assist the Court in promoting universal access to justice through more effective utilization of democratic participation instruments.

COMMITTEE MEMBERS:
Externo à Instituição - SÉRGIO CRUZ ARENHART - UFPA
Interno - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Presidente - 2729067 - DANIELA MARQUES DE MORAES
Externa ao Programa - 3280011 - PAULA PESSOA PEREIRA - null