Poder regulamentar primário do Conselho Nacional de Justiça legitimado na estrutura do federalismo brasileiro por meio da sustentabilidade e da ação comunicativa

Abstract

The thesis topic correlates with the research line: Constitutional Principiology, Politics of Law and Artificial Intelligence and is linked to the research project on governance, constitutionalism, transnationality and sustainability in the context of the Interinstitutional Doctorate - DINTER, University of Vale do Itajaí - UNIVALI and Catholic Faculty of Rondônia - FCR. It proposes the compatibility of the CNJ normative power with the structure of the Federal State through the Dialogical Process mediated by the Sustainability Paradigm in its diffe­rent aspects and by a reinterpretation of the Communicative Action Theory of Jürgen Habermas. The Federal Constitution designates the Union private jurisdiction in its 22 article. The problem is that, although the Federal Supreme Court has considered the exercise of Primary Regulatory Power by the CNJ to be constitutional, it didn’t addressed the provisions of that article, which deals with the Union’s private competence for the matters listed therein. Moreover, article 103-B of the Charter, mentions nothing about innovations in the legal system, with preterition of the typical function of the Legislative Power. The way the CNJ exercises its Regulatory Power seems to be on a collision course with constitutional provisions, which requires action. The thesis is that it is possible to correct the problem by adopting legitimation paths such as those proposed, either by the possibility of normative delegation; by the existence of normative intersection zones resulting from the adoption of the internatio­nal normative framework of Sustainability (that requires regulatory actions) or by the existence of matters of concurrent normative competence among the federative entities. The bibliographical and documental research is adopted, and the descriptive and inductive methods as operational logic bases. With critical and reflective interdisciplinary bias, the inferences seek to demonstra­te, from the theoretical, empirical and legal point of view, that, within the pro­posal of the thesis, it is possible to make compatible the normative role of the CNJ in the structure of the Federal State, through ways of acting legitimated by Sustainability and by Communicative Action in which the Heteronomous Dia­logic Process, that is, deliberative, can take place, jointly or separately, throu­gh: (a) creation of study centres dedicated to normative production (Dialogi­cal Judicial Normative Centres), along the lines of the Innovation Intelligence Centres, a central unit and the corresponding one in the member states; (b) creation of digital platforms; (c) provision of registration links and access to the content under production for participation in the formulation of the norm; (d) development of integrating applications for this purpose.