Collective res judicata and the constitutional clash about the extension of its subjective limits to those who were not affiliated to the class representative entity

• Grant number: 17/23148-4
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: April 01, 2018
• End date: December 31, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Gilberto Notário Ligero
• Grantee: Gustavo de Souza Manoel
• Host Institution: Centro Universitário Antônio Eufrásio de Toledo de Presidente Prudente. Presidente Prudente , SP, Brazil

Abstract

The proposal of academic research is focused on the study of the extension of subjective limits of res judicata to those who were not affiliated with the representative class entity contemplated by the provenance in collective suit. To do so, initially, it is necessary to approach the species and peculiarities of collective actions in order to analyze the normative content of paragraphs XXI and LXX of article 5 of the Federal Constitution, constitutional provisions that foment the debate about the subjective limits of res judicata, because, by disciplining the legitimate ones to act in the interests of the class, they bring procedural influence on the extraordinary legitimacy that the entities in court have. In this vein, it is worth noting that it is the study of extraordinary legitimations together with the intelligence of the mentioned paragraphs that will provide us with support, in addition to the study on the fundamental right of access to justice, to justify the reasonable, just and sensible extension of subjective limits of res judicata to those who, although in the same legal situation, were not affiliated with the particular entity that appeared in the active pole of collective suit, obtained to the class that represents favorable result to their suit. (AU)