Processo estrutural democrático: participação, publicidade e justificação

Abstract

The research analyzes how to build a structural democratic litigation in Brazil, guided by the principles of participation, publicity and justification. Since 2015, with the filing of ADPF nº 347, the number of structural actions in the Brazilian Federal Supreme Court (STF) has increased. At the same time, critics question the legitimacy and capacity of the judiciary, especially the STF, to intervene in structural disputes. It is argued that a democratic structural litigation would mitigate criticism and contribute to the accountability of Public Administration. In order to understand how to carry out this task, in addition to the traditional bibliographic and documentary analysis, comparative legal study is used. In this case, the experience of three countries in the Global South, which also developed democratic structural litigation, is studied: South Africa, Colombia and India. As a result, measures are proposed to be adopted in the pre-decision and post-decision phase, such as: improving public hearings and the performance of amici curiae; the use of monitoring commissions; the procedural control of the Situation Rooms; and the application of sanctions in cases of contempt of court. It is believed that the measures can improve the participation of the affected group in the resolution of the structural dispute. At the same time, they favor judicial monitoring of state action, contributing to the publicity and justification of the Executive and Legislative branches.