Tutela jurisdicional coletiva: aspectos históricos e o microssistema de tutela dos direitos coletivos no direito brasileiro

Abstract

Despite treatment of the collective process is recent, historically, there have always been concerns that transcend the individual sphere. The genesis of the Brazilian collective process began with the popular action, provided constitutionally, for the first time in 1934. For the species of rights within the scope of the Brazilian collective process, it was found that there are three species, divided into two subgroups : transindividual rights (essentially collective rights) composed of diffuse rights and collective rights in the strict sense, and individual rights homogeneous (rights, 74, accidentally collective). The diffuse rights refer to unspecified groups of people, among which there is no defined legal relationship and the object of such rights is indivisible. Have collective rights in the strict sense, although they also indivisible object, stem from a basic legal relationship. Finally, in relation to individual rights homogeneous, the main characteristics of these rights are: the holders are determined or determinable, are essentially individual, the tutored object is indivisible, the injury to such rights is the individual, and originate from a source or common fact.