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.
|
