O instrumento jurisdicional da audiência pública e os movimentos de sincronia e anacronia com relação à comunidade contemporânea

Abstract

This paper emerged from our concern regarding the difficulties faced by modern law and jurisdiction in their attempt to adapt to the contemporary backdrop, characterized by the differences and peculiarities that it endangers on an ongoing basis. Given the broad scope of this theme, we restricted our investigation to the institute of public hearing, set forth by Laws n. 9868 and 9882, and so far used in three lawsuits: ADin 3510, ADPF 101 and ADPF 54. The issue here, therefore, is determining whether a public hearing is capable of synchronizing the law and the current jurisdiction in today's communities by embracing and acknowledging their differences. Three chapters were required to meet such goal. In the first chapter, the public hearing was analyzed based on the legislation that has instituted it, as well as on the circumstances that have made it effective in practice. In fact, we examined the legislative process that discussed and approved the aforementioned laws. We also investigated the purpose and proce