Execução de decisões estruturais por entidades de infraestrutura específica: caminhos para a desjudicialização

Abstract

This dissertation analyzes the predictions and challenges of using specific infrastructure entities to conduct the enforcement phase of structural lawsuits in Brazil. It starts from the observation that the exclusively judicial route has proven insufficient to ensure the effectiveness of these decisions, given their complexity and the lack of a system for managing structural disputes in Brazil. In this context, the following problem-question is formulated: to what extent can the enforcement of structural decisions through specific infrastructure entities (claims resolution mechanisms) contribute to the effectiveness of the judicial protection of structural disputes in Brazil? The central possibility of supporting such entities, by acting as auxiliary mechanisms to the judicial structure, allows the decentralization of enforcement and enhances the implementation of structural decisions, overcoming the technical and operational efforts of the Judiciary. The research is divided into three details: (i) conceptual and historical approach to structural processes, highlighting their characteristics, segmentation, and the executive difficulties encountered in the judicial sphere; (ii) study of the North American experience with claims resolution facilities in the handling of mass collective disputes and analysis of the possibility of adapting them to the Brazilian context of structural protection; and (iii) examination of a practical case of the operation of a specific infrastructure entity in Brazil for the implementation of structural measures (the case of Fundação Renova), evaluating its contributions, limitations and challenges. Methodologically, a deductive approach is adopted, with a review of national and international literature, complemented by a case study. It is concluded that the use of specific infrastructure entities in structural processes is a viable and complementary alternative to the Judiciary, as long as it is regulated in a controlled manner and includes mechanisms for participation, transparency, accountability and action in a cooperative, dialogical and flexible environment, with openness to creativity and controlled experimentation.