Processo coletivo democrático: a pertinência da audiência pública

Abstract

The present monograph is aimed to demonstrate how the institution of the public hearing, widespread in the administrative proceedings, shall apply to collective process allowing mainly its legitimacy. There is, first, that the collective process entails demands involving third generation rights and that, in essence, guardianship rights in favor of the rights of a group, a community, society as a whole. Therefore, it is desirable that the same community is able to participate in such processes. Given the proposed Peter Haberle, namely, that of society, to which the standard is also capable of this interpretation, the procedure of public hearing becomes desirable in cases involving, in short the right of the collectivity. Thus, in seeking judicial decisions forged in a more democratic judicial process, we demonstrate how the public hearing is a clever tool for this purpose.