Decisões judiciais no processo estrutural: necessidade de releitura dos institutos processuais da demanda e da sentença

Abstract

The object of the present research is the structural litigation and injunctions, with special emphasis on their accomplishment amid bipolar procedural rationality, which clashes with the hyper complexity and multipolarity inherent to the category of structuring conflicts. Initially, the study aimed to demonstrate the historical contexts in which the structural procedures were constituted, bringing, in the same way, some basic conceptualizations for the understanding of the subject. Based on that, the idealizations regarding principles adopted by the legal system were deeply addressed, to overcome certain positivist dogmas of Civil Procedure in favor of the particularities extracted from each complex litigation fully analyzed. After these general considerations, this paper focuses on the specific study of structural provisions, considering the institutes of the claim and the verdict, especially when linked to the principles of stabilization of the demand and objective congruence of the judicial decision. With this in mind, it was seen that the procedural structuring of such demands is based on the parties' participation, the practical result of the deliberations, and mainly the process' flexibility and adaptability. Finally, based on the procedural premises exposed throughout the study, the most controversial aspects that these litigations' management can raise were confronted, such as the problem of representation of various interests, the feasibility of the participation of multiple interested parties, the issue of legal certainty in the face of the flexibility of the decision-making methods, and also the limits and contours of judicial action, all with the ultimate goal of outlining the mechanisms of adaptation of Brazilian Civil Procedure to the complex problems that are instrumental in structural judicial decisions.