STRUCTURAL PROCESSES IN THE BRAZILIAN LEGAL SYSTEM: THEIR APPLICABILITY

Abstract

This scientific article has as its main focus to discuss the structural processes in Brazilian regulation and their applicability. The general objective of the scientific article is to discuss structural process in the New Code of Civil Procedure/2015. To this end, the following specific objectives have been defined, conceptualizing the structural processes, addressing structural procedures in the higher courts and analyzing divergent judgments in structural proceedings. Structural processes are not only linked to law, but rather to the study of other areas, such as sociology, political science, in addition, structural problems can occur in the public or private sphere.  Discussing the structural processes in Brazilian ordering and their applicability is justified because the structure processes are important to reorganize a state of structural disorganization, that is, disconformity may or may not be generated by an unlawful conduct.  The present study consists of applied research of an exploratory character, which aims to analyze the structural processes in Brazilian ordering through doctrines, jurisprudence, articles and books. With information survey and analysis, it was possible to conclude that the Brazilian legal system receives a lot of demand for implementation of structural measures, but we find cases with the same theme with divergent sentences often becoming a problem for justice.