Structural litigation and conciliatory proceduralism

dialogical governance in the Brazilian Supreme Court

Abstract

The article analyzes the interaction between structural processes and consensual procedural framework/consensual proceduralism in the STF, proposing that such mechanisms are adequate responses to complex and multifaceted disputes. Proceduralization promotes a dialogical, inclusive environment guided by communicative rationality, in which the STF acts less as an imposing decision-maker and more as a facilitator of negotiated solutions. The study highlights the work of the NUPEC and NUSOL centers in the Court and the practical impact in cases such as ADPFs 743, 746, and 857, involving environmental policies. The legacy pointed out is the strengthening of institutional networks and the emergence of collaborative governance, expanding judicial legitimacy in the face of complex public crises.