Unconstitutional state of affairs, structural judgments, and the relevance of monitoring

Abstract

This article aims to study the declaration of the Unconstitutional State of Affairs and the structural processes within the scope of the Federal Supreme Court. With the institutional rise of these processes in the Supreme Court, the question in this research is how to ensure the effectiveness of the structural interventions of the Court. The objectives are to present parameters of effectiveness of the declaration of the Unconstitutional State of Affairs and the structural processes, and verify how the Federal Supreme Court can observe these. The idea is to propose that the Federal Supreme Court monitor the implementation phase of public policies arising from structural remedies as a means to ensure the effectiveness of the proceedings. The methodology used was the bibliographic review. The conclusion is that the proposed practice of monitoring the implementation phase of the plans, which has proven successful in other countries, is a promising path to ensuring the effectiveness of the Federal Supreme Court’s structural judicial intervention.