O processo estrutural no estado democrático de direito brasileiro: proposições a partir do caso “Bacia do Rio Formoso”

Abstract

This study seeks to contribute to the improvement of collective judicial protection in the light of the theoretical framework of the structural litigation in conflicts over the use of water, based on the case of the Formoso River Basin. It was intended to describe how structural decisions can contribute to the promotion of a dialogic justice that is more adequate to conflicts over the crises of Law and Public Policy. The main practical difficulties faced by the Judiciary in cases involving public policies and collective rights in the face of the influence of traditional civil procedure were surveyed. Then, the study was dedicated to the study of the procedural technique of structural litigations, especially its ways of solving multipolar and complex conflicts and collaborating with the improvement of collective judicial protection. A case study was carried out with the empirical collection of data from the processes that make up the case that is underway at the Court of Justice of the State of Tocantins at the Cristalândia trial court, State of Tocantins, by means of descriptive, qualitative and applied research. The methodological procedures were based on bibliographic research about the theme; documentary research in the selected electronic judicial proceedings, which are public and have no judicial secret; qualitative analysis of the content collected, guided by the outlined criteria and objectives. From the results achieved in the analysis, it was visualized that the structural litigation contributes to the access and the promotion of a more dialogic justice in conflicts about public interest and, more specifically, in the conflict over the use of water: Rio Formoso Basin. Thus, it was possible to specify the structural judicial measures adopted in the Formoso River Basin case, among them: amici curiae, public hearings, procedural flexibility, agreements, and the High Level Management project. The procedural instruments of the theoretical contribution have allowed us to implement, in practice, a more dialogic, participatory, cooperative, interdisciplinary form of process that promotes human and fundamental rights. As the litigation is still ongoing, it was observed that with the continuation of the shared and participative efforts of all in solving it, it will be possible to materialize the structural reform in the management of the water resources of the Formoso River Basin. It was presented, as professional technical products of this research, this conclusive report of applied research and a proposal for a professional training course on Collective Redress and structural litigation at the Escola Superior da Magistratura Tocantinense.