Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy


October 16th, 2019

By Rodrigo de Medeiros Silva [1]

edited by Vinícius Alves

On October 15, in the auditorium of the Federal Public Prosecution Service, in Porto Alegre / RS, the debate on Civil Procedure & Human Rights was held. The event marked the launch of the announcement of InSURgência Magazine, of the Institute for Research Rights and Social Movements (IPDMS). This is the Civil Procedure & Human Rights Dossier: conflict and society.

The debate was coordinated by Carolina Schröeder Alexandrino, Master in General Theory of Jurisdiction and Process at PUC / RS. The Regional Attorney for Citizen's Rights Enrico Rodrigues de Freitas presented the history of the constitution of the Public Prosecution Service, also showing how it happens in other countries, and developed the debate from the experience of the Citizen's Attorney. He pointed out that the lack of voice to communities and collectivities in the sphere of the judiciary is detrimental to the traditional process, as it does not, in fact, bring the reality of the conflict to be analyzed.

Professor of the PPGD of Law of the Pontifical Catholic University of Rio Grande do Sul (PUC / RS), Luís Alberto Reichelt, pointed out that the liberal ideology present in the formulation and use of civil proceedings has not been aware of complex social conflicts. He recalled that this false neutrality and attachment to the abstraction of the process is what produces distortions of meaning, such as the translation into Portuguese of the term "fair process" of the American Convention on Human Rights into "procedural guarantees". This change of meaning shows little appreciation of the essence of the jurisdictional function.

Marcelo Dias, former president of the Romeu Samarani Association and resident of Porto Alegre, shared his experience in fighting for the right to housing in the Forum and the Court. He also talked about the difficulty of being known in the file and about the formal mechanisms and guarantees that are sometimes not present in the process.

The launched Dossier can be accessed through the following address: The deadline for submission is until 06 December. Articles in Portuguese, Spanish, English and French will be accepted. The dossier intends to cover the following themes:

- Land conflicts: the civil process as an instrument of enforcement or violation of rights to land, territory and housing;

- Identity law: the civil process as an instrument of enforcement or violation;

- Preservation of the environment: the civil process as an instrument of enforcement or violation;

- Social rights: how are they treated in the justice system?

- Public civil actions and popular actions and the effectiveness for building a more participatory and democratic society

- Procedural Law in times of Emptiness of Labor Rights

The Dossier and the debate were the result of an articulation between IPDMS South Section, Justice Forum and National Network of Popular Lawyers and Lawyers (RENAP). Popular movements sometimes trigger or are demanded by the justice system. Thus, we seek to make a critical reflection on the performance in this space, understand the limits and possibilities, seeking to effectively address the country's inequalities, trying to achieve social justice.

[1] Doctoral Student in Law and Society at UniLaSalle, Master in Human Rights at UniRitter and Specialist in Civil Law and Civil Procedural Law by IDC.