STRUCTURAL DEMANDS: FLEXIBILITY AND MANAGEMENT

Abstract

The role of the courts and the insufficient performance of the constituted powers, transfers to the judiciary the debates regarding the effectiveness or omission of public policies. The judiciary receives demands with states of non-conformity of constitutional rights, through structural disputes. However, for the topic there is still no specific procedural legislation and there are few empirical experiences studied. The research explores the precepts and values of the structural process through the interpretation and adaptation of existing norms, in particular, the Civil Procedure Code, which relativize and mitigate the rigidity of procedural rules. Thus, the investigation focuses on the two essential characteristics of structural
processes, that is, procedural flexibility and judicial management. On the other hand, new judicial functions are taking place. Clues are being launched for further research and investigation.