SYSTEMIC CONFLICTS IN COURTS OF JUSTICE: A QUALITATIVA ANALYSIS OF CIVIL STRUCTURAL PROCEEDINGS

Abstract

Contextualization: This study investigates the emergence and application of the structural process within the Brazilian legal system as a judicial response to systemic failures and large-scale rights violations that transcend the traditional litigation paradigm.

Objectives: The central objective is to analyze the operationalization and governance of these complex cases in state courts of justice.

Methodology: This paper proposes an innovative qualitative methodology for identifying and analyzing cases from the National Judicial Branch Database (DataJud), maintained by the National Council of Justice (CNJ). The methodology employs a triangulation strategy, combining filters by procedural class, keywords, and litigant profile to overcome the absence of a formal procedural classification for such actions.

Results: The results demonstrate that the main obstacle to the effectiveness of the structural process in Brazil is not rooted in doctrinal disputes or concerns over the democratic legitimacy of judicial intervention. Rather, the core issue lies in a significant institutional capacity gap within the Judiciary, stemming from the absence of multidisciplinary technical support, insufficient expertise in managing complex reform projects, and a lack of adequate organizational infrastructure. This deficit poses a serious risk that structural rulings may become merely symbolic, failing to produce meaningful change. It is concluded that there is a pressing need for substantial investment in the training of judges and court staff, the establishment of specialized support units within the judiciary, and the adoption of a minimalist and flexible legislative framework that safeguards the adaptability of the structural litigation model.