Da ação e da decisão estrutural sob a perspectiva da teoria quinária da ação

Abstract

This research is dedicated to the study of structural or polycentric disputes in the field of Procedural Law. The objective is to analyze this new typology of disputes and understand its relevance in the contemporary legal context. Structural disputes require adequate judicial protection capable of analyzing the various nuances and interests involved, due to their potential to affect multiple centers of interest. In this regard, the Judiciary assumes new challenges in the pursuit of achieving a minimum civilizing level, especially in emerging countries like Brazil. The structural process becomes a tool for realizing the rights proclaimed in the Constitution and for transforming the Judiciary into a space of inclusive citizenship. Throughout the text, various conceptual and terminological aspects related to the structural process are addressed, as well as its relationship with collective proceedings and the need for a new form of collective protection that encompasses diffuse ownership rights. The research at hand seeks to answer the central question: is it possible to correlate Pontes de Miranda's Theory (Teoria Quinária da Ação) and Structural Processes? The study establishes a dialogue about the typology of collective disputes and overlays the classification of structural decisions with Pontes de Miranda's classification of sentences from his perspective, namely: mandamental, condemnatory, executive, constitutive, or declaratory. The objective of this proposed classification is to understand how the classification of the structural sentence from the perspective of Pontes de Miranda's quinary theory impacts the practical results to be obtained with the structural process, as the characteristics of the structural dispute determine the Judiciary's role in seeking practical results and interacting with the structures it aims to reform. The research focuses on a moderate scope of Structural Collective Proceedings, which aims to change repeated practices or conduct already incorporated into the dynamics of a public or private structure, as well as to restructure the functioning of a bureaucratic structure. In the case of public bureaucratic structures, the structural process is aimed at implementing public policies previously established in a normative program when the lack of implementation or deficient implementation violates fundamental rights or constitutional principles. For private structures, it is argued that changing practices or conduct that violate fundamental principles or altering the functioning of the structure must have an underlying public interest. In summary, the study proposes an analysis of decisions rendered in structural processes from the perspective of Pontes de Miranda's Theory (Teoria Quinária da Ação) with the aim of investigating how this classification relates to obtaining practical results in structural actions, involving dialogical and coercive measures, among others.