The petition in the collective process / O pedido no processo coletivo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

Collective Procedural Law needs own view about its institutes because the individual view of the classical Civil Process does not allow a prompt norms utilization based on the Civil Process Code to Collective Process. In this institutes overview, about the procedural law, the research presents the main theme of the study which is one of the elements of action: the petition. The attention taken to the petition in collective process can not be the same as the individual process; the treatment and the vision need entire adjustment to the rules and principles according to the collective process. It can limit (even make it impractible) the diffuse tutelage and the collective and individuals interests. Because of this adequacy of thought, it was aimed to construct an ideal petitions view, in the collective process, in order to the effectiveness in the conflicts solution about the diffuse, collective and homogeneous individual interests. In this way, the research was based on the collective process object, this necessary view and common of the own principles, to subsequent classical analysis of the petition and the actions conditions, with the view (glasses) of the collective process. The petition analysis involves the attention to many institutes of the procedural law that keep correlation, such as pendency, the connection and the contingency, which also are discussed in this research. The main objective of the research is to propose a modern analysis of the petition, in the light of improvement lawsuit, facing some polemic issues related to the petition controversial judgment, to the petition alteration in the demand and to the situation of the petition limitation, which difficult the access to the justice through the collective process, as well as talks over the judged thing collectively and its mutability. It has still the anxiety of contributing to the Law improvement and of analyzing the Brazilian Code of Collective Processes, which is changing in the Ministry of Justice and proposes as lege ferenda the creation of a collective actions registration. At the end, infers and evidences the need to change the thought of the law operators about the issues discussed in the collective disputes, in order to make possible the effective tutelage of the transdividuais interests, through the thought adequacy in the classical civil process of the collective demand

ASSUNTO(S)

direito processual coletivo -- brasil collective process transindividuals interests effectiveness processo coletivo petition pedido pedido (processo civil) -- brasil interesses transindividuais direito efetividade

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