Democracia deliberativa: a opinião pública e o Amicus Curiae na ótica da jurisdição procedimental

Abstract

This dissertation aims to analyze the connection between procedurally constructed public opinion, through discourse, with the legitimacy and rationality of constitutional jurisdiction. The study is carried from a deductive method, through qualitative research and normative bias, and bibliographical support on the work of Jürgen Habermas, being the theory of communicative action the starting point. In the course of the study, considerations about the formation of public opinion in the context of deliberative democracy and its reflexes in judicature, being amicus curiae the communicative channel between civil society and the judiciary branch. Comprehends, moreover, that jurisdiction has its legitimacy conditioned to a procedural model, whose crossbeam is the dialogical cooperation between all procedural actors involved, being this one of the tones adopted by the Civil Procedural Law. In the end, it is concluded that the procedural model based in Jürgen Habermas is applied in Brazil.