O saneamento compartilhado no processo estrutural como instrumento de participação democrática na construção da decisão judicial

Abstract

This research investigates the technique of shared organization court hearing as an instrument for the democratization of decisions in the context of structural processes. Faced with current demands involving increasingly complex conflicts, which require a view of the entire scope of the problem from the magistrate, it is necessary to examine how organized civil society can, in structural litigation, contribute to overcoming serious cases of violations of rights. fundamental rights, since there is currently a major crisis in the effectiveness of the Judiciary when it comes to resolving conflicts with a high degree of complexity, mainly covering public policies. From this panorama, the objective of the research is to analyze to what extent the use of the technique of shared organization court hearing by the magistrate in structural litigation can contribute to further strengthen the democratic legitimacy of judicial decisions by enabling subjects and those interested in the process to enrich the debate, helping the judgment to have a more appropriate view of the structural problem. Therefore, the phase of shared organization court hearing becomes very important in fulfilling the main purpose of the process, which is the construction of procedures in a cooperative way to seek to overcome the state of structural non-compliance. In the present research, the deductive method and the bibliographical research technique will be adopted: the proposal is to construct a study about the development of a dialogue in the judicial action for the control of public policies through structural processes, based on the shared organization court hearing foreseen in the article 357, § 3, of the Code of Civil Procedure and in light of the principles of the cooperative process model. The results showed that the shared organization court hearing technique makes it possible to carry out a democratic and effective procedural management activity, to the benefit of all the subjects in the process, and has already been used in some cases of structural litigation, such as in collective actions that dealt with the lack of water supply in the municipality of Altamira (PA), which led to the conclusion of an agreement in several processes, which therefore demonstrates the improvement and effectiveness of the jurisdictional activity.