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O CONTRADITÓRIO NOS PROCESSOS ESTRUTURAIS: UMA PROPOSTA A PARTIR DO MODELO EXPERIMENTALISTA: A proposal based on the experimentalist model

Year: 2026
Type: article
Abstract: This paper analyzes the tension between the traditional procedural model and the participatory demands of structural litigation, seeking to address the following research problem: how does the traditional procedural model undermine the right to adversarial proceedings in structural cases, particularly regarding the effective participation of the recipients of judicial decisions? The research hypothesis is that the absence of a distinct epistemology for structural litigation keeps its application subordinate to the traditional procedural model, resulting in a weakening of adversarial proceedings and jeopardizing other fundamental rights associated with the Democratic Rule of Law, such as due process and the right to a full defense. Therefore, this study aims to investigate the need to reconfigure the right to adversarial proceedings in structural litigation. The methodology adopted is a bibliographic review based on the deductive method. The research is grounded in the constitutional model of due process and in democratic experimentalism, aiming to discuss the epistemology adopted in structural litigation, the respect for fundamental rights, and democratic participation within these processes. The findings suggest that structural litigation still operates under limitations imposed by the traditional model, especially regarding the effective participation of the multiple affected parties. Therefore, a reconfiguration of the principle of adversarial proceedings is necessary to safeguard the fundamental rights that underpin the Democratic Rule of Law. Keywords: Structural litigation; adversarial proceedings; democracy; participation.
Language: Portuguese
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7215538619
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