POWER OF THE JUDGE AND “AUTARCHY ZONES”: DIRECT FORM IN THE COLLECTIVE INJUNCTION OF TJRS TRAINEES ON “COURT VACATION”

Abstract

Current analysis is based on the juridical and critical thought rooted in the Frankfurt School and on the investigation of the jurist José Rodrigo Rodriguez. The paper discusses the configuration of law on the collective injunction processed and judged by the Court of the state of Rio Grande do Sul (TJRS) on the vindication of trainees against the suspended payment during the 2014/2015 court vacation. The case study method was employed for an empirical research within the investigation of facts, their implications and relative consequences to a duly limited phenomenon. The issue may be resumed in the following questions: How did the judicialization of the conflict in the collective injunction occur against the suspension of payment for the 2014/2015 court vacation of the TJRS? How may social forces involved be characterized within the context of the decision? Current approach requires proper institutional reformulations to absorb social demands through the radicalization of democracy (RODRIGUEZ, 2009, 2013). It is thus inserted within the critical task of the problematization of the ‘autarchy zones’, a category formulated by Rodriguez and basic in current paper. Situations indicate some modes of existence of the autarchy zones and the employment of false legality. On the other hand, the democratically governed public debate permits that the up-till-now contra-hegemonic positions may be defended in the name of social emancipation. The ‘struggle for rights in democracy’ is the key to avoid backtracking.