Meaningful Engagement: South African Contributions to Structural Litigation in Brazil

Abstract

Initial considerations. 2 The Judiciary's response to political omissions: structural litigation, its risks and its use in Brazil. 2.1 Structural litigation as an instrument for transforming status quo. 2.2 Structural disputes in Brazil. 2.3 When the Judiciary exceeds its limitations: inefficiency, separation of powers and backlash effect 3 The South African solution for structural disputes: the Meaningful Engagement. 3.1 The Olivia Road case and the origin of the Meaningful Engagement. 3.2 The Joe Slovo case and strong Meaningful Engagement. 4 Contributions of Meaningful Engagement to Brazil: the importance of public participation in structural processes. 4.1 The intrinsic value: the expansion of the deliberative public space. 4.2 Extrinsic values: practical advantages for the democratization of structural processes. 5 Final considerations. References.