Detalhes bibliográficos
| Ano de defesa: |
2022 |
| Autor(a) principal: |
Lima, Marcus Vinicius Rodrigues
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| Orientador(a): |
Horvath Júnior, Miguel
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/30962
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Resumo: |
Introduction: The present research initially seeks to analyze the complex phenomenon of access to justice, identifying in ancient pillars metaphorically represented by renewal waves, the effort of public policies aimed at overcoming obstacles that prevent the effectiveness of a fair legal order. Objective: In this line of analysis, the goal of the essay is to explore representative social references of the contemporaneity of new challenges of justice access and through the paradigm of the search for a qualitative and equitable distribution of justice, select the focus of access from the perspective of the vulnerable people in need. Methodology: The lack of access to justice is a complex and multifaceted problem, resultant from multiple conjunctural and structural variables, that demand from institutions an interdisciplinary and networked action, focusing on the needed power, properly and effectively raise the democratic typology of the Brazilian State of Law (approach motivation). In this context, the DPU plays a role of true custos vulnerabilis, to the point of identifying and fighting the new challenges of justice access, acting beyond the easy cartesian consequences, on the mediate cause, root cause, and the vulnerabilizing elements attached to circular causality, true responsibles for social exclusion and invisibility. Therefore, it is essential to resignify and configure a new design of the DPU, in which the focus of institutional action is an optimized performance for the purpose of an adequate representation of the vulnerable in need (goal), through a method that is guided by systemic thoughts and design thinking, that enfolds the challenges of tutelage rights in a plural, volatile, complex society that experiences ambiguities. Starting from arguments related to the economic analysis of law properly equalized for a result that ensures the tutelage of the right to the existential minimum, in a context of absurd concentration of wealth and extreme social inequality (premise), the research aims to demonstrate, through theoretical, factual arguments and qualitativequantitative empirical data, that the access promotion to justice for the vulnerable in need can be optimized by an adequate and differentiated performance of the DPU (hypothesis). Result: Therefore, in the context of the scarcity of resources and justice mechanisms, to assess whether the structuring and promotion of a strategic reformulation and a new design of the DPU, to prioritize the tutelage of latent social security rights, impacted by the opacity of the law, will be a point of leverage of virtues and values that generate the visibility of rights and citizen empowerment (outcome). Contributions: The process of identifying the needs and prioritizing the interests of multiple social participants (stakeholders) requires an adequate representative of those unable to participate in the political arena, whose performance is aimed at combating mediate vulnerabilizing agents, however, so that the tutelage of the vulnerable in need is adequate, it becomes necessary to rationalize and select public policies that generate maximum results with minimum effort, and based on this logic, promote opportunities of justice that guarantee the efficient and equitable realization of social security rights (approach motivation) |
