A APLICAÇÃO DAS MEDIDAS ESTRUTURANTES COMO FORMA DE GARANTIA DA EFETIVIDADE DAS DECISÕES DO JUIZ DE PRIMEIRO GRAU DE JURISDIÇÃO.

The changes that occur in modern society, sometimes require regulation by the Legislature and action by the Executive, which does not always happens satisfactorily, which is the reason of an increase in lawsuits related to these omissions and incorrect operation of the institutions. This phenomenon is known as judicialization. When this occurs, it is up to the Judiciary intervene, by means of its decisions, acting in a more creative and participative way, by means of judicial activism, aiming at the implementation of the constitutional principles. However, such decisions are often not well accepted by society and the institutions, in most cases, in a way that may not be fulfilled. An instrument to be used to ensure the effective enforcement of these decisions is the use of structural reforms. Such measures were used primarily by the US Supreme Court, in the fifties, to oblige the society and the institutions to comply with controversial decisions, and recently, in a timid manner yet, began to be used by the Brazilian Federal Supreme Court. The present research aims at discovering how the structural reforms can be used also by the judge of first degree as a form of guarantee of the effectiveness of their decisions. It is understood that the first-degree magistrate may act in a more activist way and use the structural reforms to ensure that the author reaches his claim, only if the applied measures are proportional and can not be replaced by less severe measures, as well as do not generate excessive injury to the defendant, and allow him to understand why he is being hit by such measures. [ABSTRACT FROM AUTHOR]