Processo civil de interesse público e medidas estruturantes: da execução negociada à intervenção judicial

Abstract

In this paper it is developed and systematized the concept of public interest litigation. Commonly used in comparative law, the institute is applicable in Brazilian law, identifying, it in a broad sense, with the judicial protection of collective rights and, strictly speaking, to the protection of constitutional countermajoritarian rights. After the description of its main characteristics, details the special moment of its enforcement, especially in cases involving complex litigation/execution. Criticizing the traditional enforcement model, several shortcomings were identified in existing (traditional) remedies, pursuing appropriate parameters to resolve satisfaction crisis in such cases. Discussing a consensus alternative, in judicial execution, demonstrates the advantages of its model as a mechanism of overcoming the satisfaction crisis, especially in public interest and complex litigation. Alternative to consensual solutions is set by structural injunctions, although not consensual at all, also depends on participation, collaboration and procedural subjects dialogue. It is based on constant monitoring and flexible court orders for compliance with the complex injunctions, especially with the participation of outside specialists, like masters or receivers. In cases of extreme reluctance and ineffectiveness, the right way to solve it follows a more drastic remedie, with exceptional nature, starting the judicial intervention in the developed activity.