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 colective guardianship is a recently created mechanism to managethe outcome from social issues. The colective lawsuit looks for theeffectiviness in accessing formal justice, guardianship rights andinterests which, individualy, are not relevant. Brazil is a pioneercountry in what concern colective guardianship. The Law of PublicCivil Action (1985) and the Customer Defense Code (1990) have theimplementation´s bind of colective guardianship and the own instrumentof construction of this subject: the colective civil lawsuit. Thepower of this new Law´s dimension is based on the supplement for theIndividual Civil Lawsuit´s weaknesses in solve deals of greatercomplexity. The jurisdiction´s limitation and competency definitionare two dicussed issues which concern the stabilization of colectiveguardianship, because they do not match with the good technique. Thefixation´s criteria of these two subjects should answer to theprotection of public interests. Subjects like environmental issues,colective security terms, public civil action against improbity, amongothers, must proceed in analysing the competency criteria (rationepersonae, ratione materiae, ratione valoris e ratione loci). Thelegislative options, however, imply in misunderstandinginterpretations of jurisdicional courts, being necessaryreformulations, aiming the effectiviness and the celerity of colectiveguardianship in Brazil.