Governança judicial colaborativa: o papel do diálogo institucional na efetividade das decisões judiciais relativas à implementação de políticas públicas

Abstract

This undergraduate thesis analyzes the role of institutional dialogue, as an expression of collaborative judicial governance, in the effectiveness of judicial decisions aimed at the implementation of public policies. It starts from the understanding that the 1988 Federal Constitution consolidated a model of State committed to the realization of fundamental rights, whose fulfillment depends on properly planned, funded, implemented and evaluated public policies. However, the implementation of such policies faces budgetary, technical and administrative limitations, which makes judicial action especially complex in cases of state omission or insufficiency. In this context, the research aims to demonstrate how collaborative judicial governance, through institutional dialogue, enhances the effectiveness of judicial decisions concerning public policies. The study adopts a qualitative approach, the deductive method and bibliographic and documentary procedures, through the analysis of legal doctrine, scientific articles, dissertations, legislation, normative acts of the National Council of Justice and decisions of the Brazilian Federal Supreme Court. Initially, the study examines the concept of public policies, their relationship with fundamental rights and the limits to their implementation. It then analyzes the judicialization of public policies and the insufficiency of the traditional decision-making model for solving complex disputes. Finally, it investigates collaborative judicial governance and its practical application in paradigmatic cases decided by the Brazilian Federal Supreme Court, especially Theme 698 of General Repercussion, ADPF 347 and the Pena Justa Plan, as well as Theme 1.234 of General Repercussion. It concludes that institutional dialogue does not replace jurisdiction, but qualifies judicial action, as it enables more informed, feasible, participatory decisions that are compatible with the technical, administrative, budgetary and federative complexity of judicialized public policies.