Construção dialógica dos precedentes judiciais: a participação democrática nos Incidentes de Resolução de Demandas Repetitivas do Tribunal de Justiça do Estado do Amazonas

Abstract

The sample field of this research revolves around the Incidents of Resolution of Repetitive Claims - IRDRs admitted within the scope of the Court of Justice of the State of Amazonas, as a propitious scenario to investigate the democratic participation and its possible influence in the construction of judicial precedents in this integral State of the Amazon region. It should be noted that the controversies of fact and law, which originated the Incidents of Resolution of Repetitive Claims, will not be the focus of the study, but, solely, the participation, or not, of democratic agents when instructing, judging and fixing the theses legal issues, emphasizing the interventions that took place to assess whether there was the proper possibility of dialogue and, more, whether such an opportunity was effective, that is, whether there was due comparison of the argumentative theses when establishing the judicial understandings. In addition, the research, despite the restricted sample space, will not be limited to investigating such a scenario to establish a hermetic response, on the contrary, it will be concerned, in the face of the verified reality, in building reflections that can contribute to strengthen the ideal of confer greater democratic participation in the dialogue, in court, which leads to the construction of judicial precedents of repetitive demands in the context of this State of the Amazon region. Social conflicts that seek pacification through repetitive processes in the Amazonian Judiciary reveal, in addition to cold and statistical data, vulnerabilities in the social body, the study being concerned, first, with the disclosure of this scenario and its singularities in Amazonas; second, the investigation of the existence of dialogue that took place between the Judiciary Power of Amazonas and the local population when the instruction and trial of the Incidents of Resolution of Repetitive Claims for the construction of the judicial precedent; and, third, reflection on strategies on how to give greater legitimacy to the theses established in the Incidents of Resolution of Repetitive Claims in Amazonas through institutes, already existing in the legal system, that can bring together the local people, who live the reality of repetitive conflicts, of judicial understanding. This research, therefore, will be based on such studies in order to investigate mechanisms and possibilities to make the construction of judicial precedents, in the State of Amazonas, more democratic, taking into account the peculiarities of the Amazon region.