STRUCTURAL PROCESS: A PROSPECTIVE AND DIALOGICAL APPROACH IN DEMANDS INVOLVING PUBLIC ADMINISTRATION (Atena Editora)

Abstract

This article will focus on the structural process, focusing on the prospective and dialogical aspect. Although it is possible to apply the structuring model to individuals, the analysis will only focus on demands involving Public Administration, as a means of intervening and monitoring Public Policies. Considering that Brazil does not have specific and systematized rules regarding collective procedural law, nor regarding the structural process, the research hypothesis focuses on the feasibility of using the lege lata structural process. As specific objectives, we intend to demonstrate the relevance of the structural process, making considerations about the insufficiency of the traditional process model for the treatment of complex disputes, with radiated effects. Furthermore, the aim is to assess the relevance of the prospective aspect of the litigation, in which the action of the Judiciary will not be restricted to the consequences of the problem, seeking, in an inductive and procedural management nature, to guide and monitor the manager in adapting established irregularities or the implementation of public policies. As the theme is innovative, it starts with exploratory research, with qualitative analysis, through the use of secondary sources. The study adopts the work of Edilson Vitorelli as a theoretical reference. In the end, we reach the conclusion that the structural process leads to the feasibility of harmonizing conflicting constitutional principles, ensuring greater effectiveness of judicial provision. As a counterpoint, the imperative of strategic training of the Judiciary to meet complex demands is identified.