A legitimidade no processo coletivo brasileiro sob a ótica dos princípios do acesso à justiça e da tutela efetiva: análise do Recurso Extraordinário 631.111/GO

Abstract

This work is dedicated to the task of presenting considerations, especially doctrinal ones, about the institute of active legitimacy in the Brazilian collective civil procedure. Such an institute has different characteristics to allow the protection of rights and interests that are atypically titled, because they do not have a specific subject. Not only does it lend to this analysis a nature of interpretation in the light of the constitutional principles of access to justice and effective protection, which proved to be perfectly applicable and associable, revealing a purposeful combination between the new instruments of collective protection and the desire for a Democratic State of law for the promotion of fundamental rights in their full dimension. Therefore, this work investigates the bases of the collective process, studying the class actions of North American law, which currently lends its pragmatic influences to the world, especially through the institute of adequate representation. The research ends with an analysis of the Extraordinary Appeal 631.111/GO, judged by the Federal Supreme Court in 2014, about the legitimacy of the Public Prosecutor's Office to protect available homogeneous individual rights, when there are indications of qualified social interest.