Ministério Público resolutivo e acesso à justiça: fundamentos e instrumentos extrajudiciais de tutela de direitos transindividuais

• Autor(a) principal: Duarte, Matheus Prestes Tavares
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19655
• topic: Access to justice; Public Prosecutor's Office; Resolutivity; Extrajudicial collective redress; Acesso à justiça; Ministério Público; Resolutividade; Tutela coletiva extrajudicial; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

The present research is dedicated to the study of the extrajudicial performance of the brazilian Public Prosecutor's Office in matters of collective redress, a field in which two opposing models of action are erected: the demandist paradigm, representative of the ideals that the member is a mere procedural agent and that, for this reason, the solution of the issues brought to the Parquet by society should be transferred to the Judiciary; and the resolutive paradigm, which, differently, embraces the understandings that the member is also a political agent and that, as a result of this facet of ministerial action, a de-jurisdictionalization of its procedure is required, through the implementation of direct solutions to the problems to which it must respond. The general objective of this paper is to investigate whether it is possible to sustain the existence of a functional duty to promote self-composition by the Public Prosecutor's Office and, if so, on what grounds and what contours such duty would take. Its specific objectives, on the other hand, consist of: (i) scrutinize the repositioning and the re-signification of the principle of access to justice in the Brazilian legal system; (ii) identify whether the state jurisdiction in Brazil is undergoing a crisis and, if so, its main components and unfoldings; (iii) examine the particularities surrounding the brazilian collective redress, especially regarding the limitations of the achievement of transindividual rights through the judicial path and the difficulties inherent to the self-composition in this arena; (iv) to analyze the historical background and the evolution of the institutional profile of the brazilian Public Prosecutor's Office, as well as to compare the opposing models of ministerial action that arise in the context of collective redress; (v) to study the main instruments and techniques available to the Public Prosecutor's Office for the extrajudicial protection of collective rights; (vi) to outline possible parameters for ministerial action in the context of extrajudicial collective redress. In order to achieve the abovementioned objectives, this work uses the hypothetical-deductive scientific method and a quantitative-quantitative approach, which will be made possible through the use of the following research techniques: (i) bibliographical, consisting of a review of specialized literature concerning the chosen themes; (ii) documental, consisting of a survey of secondary documents, including technical and quantitative reports of the CNMP and CNJ; and (iii) case study, consisting of the selection, description and analysis of a representative case of the Public Prosecutor's Office acting in the context of collective redress. The purpose of this methodology is to test and falsify the following hypothesis, which guides the studies undertaken here: in face of the re-signification of access to justice and the insufficiencies from which the judicial process suffers, it is imposed on the Public Prosecutor's Office a functional duty to stimulate consensuality for the resolution of conflicts, especially those that have as object transindividual rights, because, having at its disposal a broad and efficient toolbox aimed at this end, the Public Prosecutor's Office is responsible for acting resolutely, with priority in the extrajudicial path, in order to bypass the negative externalities of the justice crisis. Conclusively, the existence of this duty is verified and sustained, outlining its content, its compatibility with functional independence and its normative bases.