Para a garantia de cidadania em tempos de pluralismo: o papel do acesso à justiça democrático qualificado e cidadania plena no Brasil

• Autor(a) principal: Araújo, Mayara de Carvalho
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/tede/4413
• topic: Direitos de cidadania; Cidadania gradual; Acesso à justiça democrático; Processo democrático qualificado; Pluralismo jurídico; Citizenship rights; Gradual citizenship; Access to democratic justice; Qualified democratic process; Legal Pluralism; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The traditional understanding of the concept of citizenship recognizes rights and obligations by reason of the attachments of certain groups of individuals to a State law order. This notion distinguishes between individuals who are or are not citizens of one State, as if they possessed certain equal status. It overlooks, however, rooted internal discriminations that distinguish citizens gradually, due to its more or less correspondence to homogeneous parameters and their belonging to social classes. Accordingly, even supposedly democratic states oppress qualitative minorities in veiled manner, defying human rights and disregarding duties that are internationally recognised. The study discussed in this dissertation is based on such statement, and admits the existence of graduated citizenship even among Brazilians. Furthermore, this study proposes to analyse the specific contribution of the Brazilian Judiciary in maintaining the limitations of citizenship in the country, either through direct violation, or through simple connivance. Thus, the dissertation starts with the following question: the role of the national Judiciary has contributed to the perpetuation of the limitation of citizenship rights for marginalized groups even while seeking parity of into-the-process conditions? The hypothesis of this study is that it is up to the courts to ensure the observance of these rights and duties, and if different degrees of citizenship in Brazil can still be found, the parameters and actuation on behalf of equality have not been sufficient to solve the problem. It may lead to the need to revise the paradigms that shape the self-understanding of Justice and how it sees the Brazilian citizen. From the answer of this problem, the dissertation intends to contribute to studies on citizenship and access to justice in Brazil from the joint analysis of these themes - which though commonly operated in isolated way, they act in synchrony on implementation and violation of human rights in Brazil. For this, this study adopts legal pluralism as a theoretical framework that uses primarily the method of dialectical approach, analysing the Law as part of the social totality. The results indicate the need to revise the procedural instrumentalism and reinforce the understanding of the process as subjective right to be satisfied from the dialogical participation. The study criticizes the limitations of the socialization process theory, among which the politicization of the Judge, the procedural slowness and the pursuit of efficiency of the Judiciary according to business criteria. Then, the dissertation proposes the adoption of a qualified democratic process that is timely, effective, appropriate and dialogical. Finally, it also recognizes the need to modify the parameter self-centered that understands the Law, going to examine in different kinds of ways according to the multicultural and multilegal state and through the democratic process.