A participação popular nas audiências públicas judiciais: verdade ou engodo?

Abstract

This exercise is seeking to establish the importance of cementing democracy and citizenship, regarding political regime and fundamental rights, together with judicial power, while internally analizing access provided by our tribunals via public audiences to determine if they consititute an efficient means or just an enticement. The line of research that has been followed is outlined in the postgraduate program strictu sensu of the judicial Faculty of Vitoria as "Constitutional jurisdiction and establishment of fundamental rights and guarantees" and is summarized in researching the "role of society and the means (not strictly of State) to establish and operationalize the fundamental rights of the general population." The results of this research were built in relation to the county, district, region jurisdictional level. In this respect it is the responsibility of the presiding judge while managing the collective processes that involve common rights to create effective ways to garner popular participation in constructing the judicial decisions taken as a result of those processes and in doing so cater for the general interest of those that are subject to the jurisdiction of their respective magistrate. In this respect the guise of this exercise is turned towards the mechanism of public judicial audience as the most appropriate means to implement democracy and citizenship, principally analyzing the first utilized cases of the referred institution together with the STF and TJES. Scientific research method was primarily used and actual cases were analyzed to form a more concrete basis for general conclusions. A general vision of public audiences with full judicial power was extrapolated by selecting and visualizing specific actual cases and thus the reason why the induction reflects the selected method. It should equally be highlighted that by means of the documented references regarding the characteristics of the Constitutional Democratic State, this work establishes the need for popular participation in collective processes that involve multiple shared rights, even though the means for publuc audience is chosen by the magistrate, it should reach the objective of a significant popular participation, in other words, the participation should create within the public a sentiment that they are an effective part of the process to construct a judicial decision and not mere spectators. This significant participation involves materializing political education, social integration, and generating positive.