Breve análise acerca da teoria do processo estrutural e sugestão de elaboração de um manual de boas práticas para atuação dos magistrados do Tribunal de Justiça do Estado de Minas Gerais em demandas estruturantes

Abstract

International relations have become increasingly complex and, in the same proportion, the demands for the exercise of fundamental rights guaranteed by the 1988 Constitution of the Republic increase, so that the Executive and Legislative Powers have been unable to act alone in guaranteeing these rights, leading citizens to resort to the Judiciary to meet their most basic needs. In this perspective, the Judiciary has gained a prominent role in acting in collective demands called structuring demands. Considering the new requirements imposed on the Judiciary and the lack of rules on the use of the structural process, this paper aims to propose to the Court of Justice of the State of Minas Gerais the elaboration of a manual of good practices for the magistrates of Minas Gerais who act in the conduction of structuring demands. These should guide their performance notably in the understandings already established by the Supreme Court on the subject. From the research carried out in this work it was possible to conclude that the processing of structuring processes should be conducted flexibly, using the consensual methods of dispute resolution, and ensuring the participation of all involved in the dispute.