COLLECTIVE, STRUCTURAL AND DIALOGICAL PROCESS

the role of the articulator-judge in the interaction between participants in public civil action

Abstract

What are the limits of the judge in the structural process about public policies? The main objective of this article is to outline the challenges and present the possibilities for the intervention of the articulating judge - along with other constitutional and social actors - in a type of process that does require cooperation between those directly and indirectly involved. Through a bibliographic-documental research and a deductive method, the origin, concept and implications of the “structural disputes” are discussed, as well as their characteristics and developments in Brazil, seeking to demonstrate that the traditional bipolar logic is not able to respond satisfactorily to demands involving meta-individual interests. Finally, the article proceeds to the qualitative analysis of three public civil actions: the “ACP do Carvão”, the case of day care centers in the city of São Paulo and the case of judicial intervention at the Fundação da Criança e Adolescente (FUNDAC). It is concluded that the centralization of complex solutions in the figure of the judge is not enough to overcome problems that demand a true inter institutional mobilization and, therefore, a structural democratic process is proposed.