A legitimidade das sentenças judiciais proferidas no âmbito do microssistema de direito coletivo através do processo estrutural dialógico

Abstract

The work makes an analysis of the legitimacy of judicial sentences handed down within the scope of the collective system through the dialogic structural process. We seek to identify solutions to this issue within the scope of the collective law microsystem; to perceive if the correlated physical and human structure is in a position to carry out structural dialogic decisions; create and propose an environment that achieves social pacification, via dialogic, legitimate and effective structural decision. The hypothesis is that the legitimacy of the structuring decision is met when publici pre-decision hearings are scheduled so that all actors who will be directly affected by the decision are heard to put their conditions for the resolution of the demand in what arises from their action or omission , of the “unconstitutional state of affairs”, which characterizes these demands. The other argumentative restriction, resulting from the lack of democratic capacity of the judge, for not being directly elected, is also resolved, because the judge stops dictating the law for the concrete case, as in the case of monologic decisions, and acts as a manager in the structuring demands. It is proposed the creation of a follow-up in the structure of the Judiciary Power of Mato Grosso to monitor the execution of the structuring sentences, with procedural rules established by the Full Court's regulations. An analytical descriptive study is adopted as methodology. Bibliographic and documentary research methods are used. The research is fundamentally based on the theoretical framework of César Rodríguez Garavito and Diana Rodríguez Franco. At the level of bibliographic review, the main works related to the theme, national and foreign, are analyzed. With regard to the second method, the legislation on the subject, as well as the jurisprudence of the local Court. The entire research was guided by qualitative criteria, for a deeper study of the proposed topic, with a focus on understanding the problems identified throughout the approach to find out if the hypothesis outlined is true.