Contraditório participativo institucional no processo coletivo: a atuação do amicus curiae e a realização de audiências públicas
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Date
2021-05-01
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Universidade Católica do Salvador
Abstract
Based on the current leading role of the judicial function and the growing tendency of
judicial decisions affect people or groups who do not participate directly in the judicial
process, this research investigated the Institutional Participatory Contradictory in the
Class Actions. The questioning that direct this study considered how the participation
of the amicus curiae and the holding of public hearings in the Class Actions concretize
an institutional participatory contradictory; or if the aforementioned instruments
reinforce the idea of an contraditory only as a right of defense, with its exercise reduced
to procedural parts. It stood out, therefore, the participation of the amicus curiae and
the holding of public hearings as instruments capable of ensure social legitimacy of
judicial decisions, because they potentialize ample participation and democratization
of the decision-making process in a democratic jurisdiction, expanding and pluralizing
conducts that concretize the principle of contradictory in Class Actions. Bibliographic
research and data collection were carried out at the Court of Justice of Bahia to identify
the current stage of evolution of collective protection of rights, and of understanding
and exercise of the principle of contradictory in the judicial process. The analysis of the
data allowed, among others, the conclusion that, although there is a legislative concern
with the disclosure of the existence of Class Actions, as well as with the forms of
participation in this procedure, the participation rate of amicus curiae and the holding
of public hearings are still low in this Court. In addition, beside to legislative changes,
it was observed that there is also a need for a change in the collective conscience,
both from the perspective of the operators of law and of the jurisdictional ones, in order
to reach an institutional participatory contradictory in Class Actions, through the
participation of groups involved.
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Keywords
Princípio do contraditório, Processo coletivo, Audiências públicas, Amicus curiae, Contradictory principle, Class Actions, Court hearing public, Amicus curiae