The intervention of regulatory agencies in civil procedures / A intervenção das agências reguladoras no processo civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The purpose of this study is to identify if it is pertinent for regulatory agencies to intervene in legal proceedings involving users and the providers of services that must be regulated, and the type of intervention to be performed: litigation consortium, assistance or amicus curiae. The findings of this study show that the involvement of regulatory agencies in those lawsuits is not only essential for agencies to perform their roles, but also mandatory in some situations. Another conclusion is that defining the type of intervention to be adopted will also depend on the claim and cause of action presented by the author of the lawsuit. Brazilian civil-procedural system, which is strongly highlighted by Constitutional Law, accommodates the new system of amicus curiae that broadens the scope of intervention for regulatory agencies in cases that previously could not be addressed. Currently, individual lawsuits more and more address interests that extrapolate those exclusively pertaining to the parties involved, thereby attending to both public and collective ones as well. When regulatory agencies play an intervening role in legal lawsuits, they act as the link between the individual and collective proceedings. The intervention of regulatory agencies acting as amicus curiae in cases where litigation consortiums and assistants are not pertinent is a bastion of democracy because it represents the participation of society in influencing the rulings by the Judiciary

ASSUNTO(S)

serviços públicos direitos difusos amici curiae intervencao (processo civil) -- brasil civil proceedings intervention serviços de interesse coletivo direitos coletivos agencias reguladoras de atividades privadas -- brasil regulatory agencies assistance direito assistência direitos individuais servicos de utilidade publica -- brasil litisconsorcio -- brasil collective interest services litigation consortium diffuse, collective and individual rights

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