Relations between justice, power and democracy: an analysis of the Brazilian justice system from cases of the International People's Court on the Justice System

justice system, collective rights-holders, justice, human rights.

Based on the interest in deepening the analysis of the relationship established between justice, human rights and democracy in Brazil, I will study the phenomenon of the production of injustices in the field of the Brazilian justice system. The objective of this research is to identify what would be the roles played by it in this process, as well as, his participation and responsibilities in the reproduction of the structures of exploitation and domination that forge our reality. As a delimitation strategy for the study, I will analyze concrete situations of human rights violations perpetrated against collective rights-holders, which will make it possible to deepen the investigation, identifying the formal arenas of dispute resolution built in the Brazilian Rule of Law, the conflicts of interests that emerged of the cases analyzed, of the actors participating in these disputes, as well as the mobilization carried out around the rights specifically claimed. To this purpose, I will use the process of building the "International People's Court of the Justice System", a popular experience started in 2019 by civil society organizations, social movements, among other actors. Its general objective is to expand society's knowledge and engagement in facing structural problems of the Brazilian justice system, through the realization of an experience that, symbolically, denounced it and will announce new parameters for its action in defense of the interests of collective rights-holders. The experience of the People's Court will be used as a methodological tool for this research, as it will allow interaction with its participants - taken as collective rights-holders - and the extraction of their readings, meanings and analyzes about the object of this work. And the researcher's participant observation in this experience will enable the identification of emblematic cases of instrumentalization of the Brazilian justice system for the denial of collective rights, as well as the themes generated by the praxis of the collective rights-holders in relation to it. Thus, the methodological design proposed for the research is that of multiple case studies, whose course will include the application of the following research techniques: the systematization of the experience, participant observation, interviews and document content analysis. From the point of view of the theoretical framework, the research will take the experience of the TPISJ as a strategy to launch “a look from the other side”, in the terms formulated by Roberto Aguiar, on the Brazilian justice system. In this way, the theoretical dialogue with The Law Found on the Street will be established on at least two fronts: by the adoption of the category “collective rights-holders”, which is established within this legal school by José Geraldo de Sousa Junior, and by the possibility of reflection , since his critical theory of human rights, of the movement in defense of the necessary democratization of the justice system in the field of human rights.