Poder judiciário e democracia: legitimidade e participação popular na administração judiciária

Abstract

The research investigates the fundament of the legitimacy of the Judiciary acts, especially about of judicial administration. Considering Jürgen Habermas' theory and the judicial administration as an important element to the fundamental rights, especially those rights linked to the process law, through the use of the deductive method, we aim to analyze the main ideas of Habermas' theory about the legitimacy of law, as well as characteristics of the Judiciary in Brazil, mainly referent to judicial administration. From this, we analyze the relationship between popular participation and judicial administration through a more general approach, addressing the normative aspects of the commands of the National Council of Justice, and then specifying this analysis by verifying data from the Court of Justice of the State of Ceará, mainly with regard to the preparation of its strategic planning for the period 2021-2030. The aim of this analysis is to verify whether there is legitimization of judicial management actions through popular participation and whether there are ways that can be proposed to correct these possible legitimation deficits. In the end, it is concluded that there is, in fact, a serious lack of legitimacy in the judicial administration, requiring actions that can correct these deficiencies. It is proposed as possible corrective measures, based on Habermas's thoughts on the circulation of power, the creation of judicial management councils with a seat from civil society, as a measure to legitimize justice management actions through the participation of society.