STRUCTURAL INJUNCTIONS AND JUDICIAL IMPARTIALITY: SOME REFLECTIONS ON THE ROLE OF THE JUDGE
Abstract
Abstract: In the current context of the expansion of the Judicial Power in Brazil, it is increasingly common to see the filing of complex and multipolar lawsuits, known as structural injunctions. This paper investigates whether the judge's more proactive role when dealing with structural injunctions undermines the guarantee of judicial impartiality. To this end, the deductive method is used, supported by bibliographic-documentary research. The conceptualization and characteristics of structural processes are examined, as is the guarantee of judicial impartiality. Based on the established theoretical premises, it is concluded that the more proactive role of the judge in the handling of structural injunctions is compatible with the guarantee of judicial impartiality.
Key words: Structural injunctions. Judicial impartiality. Judge.
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