Presgrave, Ana Beatriz Ferreira RebelloBarroso, Isabela Araújo2024-10-252024-10-252024-07-26BARROSO, Isabela Araújo. Processos estruturais no âmbito do STF: uma análise a partir das experiências do estado de coisas inconstitucional e do compromisso significativo. Orientadora: Dra. Ana Beatriz Ferreira Rebello Presgrave. 2024. 156f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2024.https://repositorio.ufrn.br/handle/123456789/60404The Unconstitutional State of Things, a structural process institute developed by the Colombian Supreme Court, mentioned by the Brazilian Supreme Court in structural processes, is often criticised for going against the separation of powers. As an alternative to the Colombian institute, the Brazilian Supreme Court cited the Meaningful Engagement , which was created by the Constitutional Court of South Africa. The aim of this project is to determine whether these institutes can be transposed into Brazilian law and whether such transposition is necessary. The hypothesis of this work is the current adoption of a procedure by the Brazilian Supreme Court, capable of safeguarding the separation of powers within the scope of structural processes and the unnecessary application of foreign institutes in Brazil. . It deals with the political organisation and the Judiciary of South Africa and Colombia to identify the existence of elements that may justify the transposition of the institutes to Brazil or the impossibility of transposition. General aspects of structural processes and specific aspects of the Unconstitutional State of Things and the Meaningful Engagement are studied, including paradigmatic decisions.The Brazilian Supreme Court decisions that refer to such institutes are also addressed, such as issues 698 and 1234 of General Repercussion, in order to assess the adequacy of the reference, as well as its necessity. It is a bibliographic, descriptive and exemplary research. Regarding the approach, it is mostly qualitative and; as for its nature, it is theoretical. It is concluded that the unconstitutional state of things cannot be transposed into Brazilian law, due to the fact that it is an institute that goes against the separation of powers, inconsistent with article 60, § 4º, III, of the Brazilian Federal Constitution. The Meaningful Engagement can be transposed, but the Brazilian Supreme Court is able to adopt it in structural processes, such as issue 1234, a procedure suitable for resolving structural problems whilst safeguarding the separation of powers, making it unnecessary for the Brazilian Supreme Court to adopt a foreign institute. There is no homogeneity in the conduct of structural processes within the scope of the Brazilian Supreme Court, which leads to the adoption of incorrect procedures in some cases. This problem can be resolved by regulating the procedure to be adopted by the Brazilian Supreme Court in structural processes.Acesso AbertoProcesso estruturalTransposição de institutos estrangeirosCompromisso significativoEstado de coisas inconstitucionalmasterThesisCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO