Structural reform litigation and judicial review in Brazil: from monologue to dialogue

Abstract

The text presents a critical and situated analysis of the Brazilian legal system in relation to structural reform litigation, looking at the scenario of judicial review of public policies and highlighting some recent initiatives by the Brazilian Federal Court of Justice (STF), which indicate openness to new techniques decision-making in this field. Using the logical deductive method, we seek to demonstrate the challenges and perspectives for the judicial protection of rights of a collective nature and public interest, in structural reform litigation. The use of participatory and deliberative mechanisms for the implementation of structural injunction remedies in the post-trial phase is the key to making processes of this nature effective. Given this situation, some novelties of a dialogical bias have been glimpsed within the scope of the STF, however, the necessary procedural shift to face complex problems involving public policies for the realization of fundamental rights permeates spaces of social participation that are still incipient.