The power of collective actions for trial

• Grant number: 12/05659-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: June 01, 2012
• End date: May 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Fernando da Fonseca Gajardoni
• Grantee: Willy Mesquita
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The collective guardianship is a recently created mechanism to manage the outcome from social issues. The collective lawsuit looks for the effectiveness in accessing formal justice, guardianship rights and interests, which, individually, are not relevant. Brazil is a pioneer country in what concern collective guardianship. The Law of Public Civil Action (1985) and the Customer Defense Code (1990) have the implementation’s bind of collective guardianship and the own instrument of construction of this subject: the collective civil lawsuit. The power of this new Law´s dimension is based on the supplement for the Individual Civil Lawsuit´s weaknesses in solve deals of greater complexity. The jurisdiction´s limitation and competency definition are two discussed issues which concern the stabilization of colectiveguardianship, because they do not match with the good technique. The fixation’s criteria of these two subjects should answer to the protection of public interests. Subjects like environmental issues, collective security terms, public civil action against improbity, among others, must proceed in analyzing the competency criteria (ration personae, rationed material, rationed valorous e rationed loci). The legislative options, however, imply in misunderstanding interpretations of jurisdictional courts, being necessary reformulations, aiming the effectiveness and the celerity of collective guardianship in Brazil.(AU)