Structural litigation in Brazil

The role of the judiciary in decision-making in polycentric disputes

Abstract

The traditional bipolar model of judicial process has undergone formal and material transformations, as a result of the continuous and accelerated mutation of relations in society and the structural challenges of democratic institutions. In this context, the article analyzes the structural litigation in Brazil and details the challenges faced by the Judiciary in collective demands aimed at the planning and implementation of structuring plans, in the various instances. The aim is to demonstrate that structural litigation contributes, in a degree of complementarity, to the current procedural system, since they are factually supported by congenital violations of fundamental rights, which require the State to adopt a new posture, aimed at removing bureaucratic structures, public or private, based on dialogical, prospective and cascading decisions. The study presents practical references and concludes that structural litigation requires a new perspective from the jurist, because the acuity in the use of the available structuring techniques is what will dictate the procedural effectiveness. A descriptive methodological approach is used, combining bibliographic research with the jurisprudential analysis of paradigm cases, to shed light on the challenges faced by the Judiciary and the results achieved so far in structural processes.