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Título: THE JUDICIAL PUBLIC SPHERE: THE PARTICIPATION OF JUDICIARY IN DEMOCRATIC SPHERE BY WAY OF COMMUNICATIVE ACTION
Autor: MARIA CANDIDA GOMES DE SOUZA
Colaborador(es): GISELE GUIMARAES CITTADINO - Orientador
Catalogação: 09/JAN/2006 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=7662&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=7662&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.7662
Resumo:
The analysis of the ballast and dimension of the Judiciary while democratic instance and of how the opening of its access and the revision of its role can contribute to the exercise of democracy were the nodal points of the work evolved, which consolidates its theoretical basis on the theory of communicative action of Habermas, seeking to demonstrate, in a first attempt to experiment its categories to the praxis which results from the inter action of the Special Judiciaries with the Consumer´s Defense Code (Law 9099/95 and Law 8078/90), how they can perform as instruments of democracy in judicial public sphere. In the development of the subject we pose the process in such a manner as to reproduce the enormous differences and conflicts found out in social environment, and as a conductor of necessities and social expectations, also finding a peculiar form of society´s political participation through the Judiciary, argumentative stage for the reaching of agreements, which may express a result of a deliberative but not decisive nature. Also it was sought to demonstrate how process can be put into action so as to permit, within the scope of that institutionalized sphere, a greater effectiveness of fundamental rights, the equalization of syntonies which would permit a reduction of judicial inequalities inherent in social reality, operating the transformation of legal equality to material one, at the procedural level, and how, reflexively, this can reach concrete pan- prosecutional results. It was also noticed by the dynamics of the two micro-systems and their results the potential capacity of propitiating the affectiveness of alterity sentiment, albeit tenuous, of those auto-referential subsystems referred to by Habermas, which oppose society as supreme forces of domination in present days. It was also sought to unveil a new interaction among the Judiciary, democracy and social participation, mainly as collectivized individualities, which might potentialize the resistances and create short cuts to the accomplishment of the values which permeate the contexture of their longing for equality and dignity. In a disbelieving world crowded with complexities and multiple problems, which, more and more, globally affect the destinies and the remotest realities, any path leading to reflection and criticism, even through the re-reading of a Power of State, creates, itself, a finality, by putting on the stage a public discussion of the legitimate expectations of society.
Descrição: Arquivo:   
COVER, ACKNOWLEDGEMENTS, RESUMO, ABSTRACT AND SUMMARY PDF    
CHAPTER 1 PDF    
CHAPTER 2 PDF    
CHAPTER 3 PDF    
CHAPTER 4 PDF    
CHAPTER 5 PDF    
REFERENCES AND ANNEX PDF