Processo Estrutural e Legal Design: soluções estratégicas para a concretização de direitos fundamentais mediante a implementação de políticas públicas

: This article presents a brief overview of the structural process by addressing the North American origin, the concept, the adoption in comparative law, the reception by the Brazilian doctrine and courts, the characteristics, the related norms, the position of the superior courts, the judicial activism, the pragmatic perspective, the complexity of the issues, the variety of actors involved, the process’ maturation time, citizen and institutional democratic participation, plural communication and consensual solution. From the same perspective, it contemplates legal design, when discussing the origin, concept, method centered on the human being, common sense, standard methodology, legal argumentation, reinvention of models, the symbiosis between law, design and technology, visual law, related standards and digital solutions for public administration policies. In the end, it proposes the convergence between the two themes, in order to use the strategic thinking fostered by legal design to promote, through a dialogic and prospective perspective of the structural process, the construction of consensual, feasible and effective restructuring solutions capable of attributing effectiveness to public policies aimed at realizing fundamental rights.