Dialogical construction of judicial precedent: short reflections on democratization of judicial process

Abstract

The appropriation of the procedural tools of social dialogue US hue contributed to reshaping the Brazilian civil procedural law and the Judiciary itself. Judicial institutional architecture, markedly shaped an individualist legal culture, is being reconfigured by the intense activity of social movements in litigation with wide social repercussions, especially after the promulgation of the Federal Constitution of 1988, which extended the rights and guarantees of social groups in vulnerability conditions. On the other hand, the strengthening of judicial precedents, as a dynamic methodology of trial subjects not treated by the legislature, contributed to resize the participation of social movements in the court decision the construction process, in cases with broad social impact, setting the premises for democratization of the judicial process. In this sense, it is intended that article, from the conceptual contributions of relational sociology of Bourdieu, reflect on dialogical training of judicial precedents and the democratization of the judicial process through the action of social movements in cases with strong social repercussions.