Processos estruturais no Supremo Tribunal Federal no controle concentrado de constitucionalidade e no tema das políticas públicas.

Abstract

Traditionally, public policies are addressed by the Legislative and Executive branches. However, systemic and repeated violations of Fundamental Rights have required the Judiciary to intervene more decisively in this field. Thus, the issue examined in this undergraduate thesis, and the central research problem proposed herein, is whether it is possible to affirm that the Judiciary, through structural rulings, has acted in the induction of public policies, effectively assuming functions traditionally attributed to the Legislative and Executive branches, particularly within the scope of concentrated constitutional review. If the answer is affirmative, what are the limits of such judicial action? The methodological approach adopted in this study is the hypothetical-deductive method. The first chapter addresses the subject of public policies, presenting an overview of their characteristics, actors, and policy cycles, as well as the risks associated with excessive judicial involvement in this area. The second chapter examines structural proceedings, their nature, historical background, development in Brazil, and the role played by concentrated constitutional review in structural decisions. It concludes with an analysis of the impacts and challenges faced by such proceedings in Brazil. The third chapter combines the themes discussed in the previous chapters by focusing on structural cases adjudicated by the Federal Supreme Court (STF) within the framework of concentrated constitutional review. The objective was to investigate how such structural proceedings operate as mechanisms for the induction and formulation of public policies through the examination of the landmark cases ADPF 347 and ADPF 976, particularly in contexts of social vulnerability and widespread violations of fundamental rights. This topic holds significant importance for the field of Law, as judgments rendered in structural proceedings have the potential to influence and transform public policies directed at various segments of society. Accordingly, the study seeks to understand how Brazilian society has been shaped by such decisions. The research was based on books, articles, and academic journals authored by renowned scholars and experts in the field, allowing for an analysis of different perspectives on the subject. The study concludes that the line separating the legitimate role of the STF as an inducer of measures in structural proceedings from undue interference in the functions of the other branches of government—namely, the Legislative and Executive—is a delicate and narrow one.