As ações coletivas e a construção do direito no Brasil: o paradigma da democracia deliberativa

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

This dissertation is directed to explore the Brazilian class actions on its potential of widening peoples engagement on the democratic process of reaching understandings grounded upon Law themas, in order to create and review rights and obligations. The research is based on analysis and correlations between theoretical conceptions, respectively, of class action of Brazilian civil procedures Law institute and the deliberative democracy model, by Jürgen Habermas, intending to estimate how deep the mentioned juridic figure has to do with and furthers the rational discursive procedure of this model of democracy, or, from an other point of view, how much the delibarative democracy model is present on the Brazilian class actions. In order to example the approach of the mentioned two theoretical conceptions, one to each other, are used the social movements cases concerned to the creation of Law statements in behalf of LGBT (Lesbians, Gays, Bisexuals and Transgenders). The dissertation starts from the hypothesis that asserts the class actions do are appropriate instruments to implement the deliberative principle to the juridical praxis, able to widen peoples engagement to the rational discursive procedure of creating and reviewing the Law, refered to the deliberative democracy paradigm.

ASSUNTO(S)

direito processual civil ações coletivas democracia deliberativa ação comunicativa participação legiferação legislação class actions deliberative democracy communicative action engagement legislation

ACESSO AO ARTIGO

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