A formação do processo coletivo no Brasil: a casa verde, a classificação dos direitos coletivos e a legitimidade das instituições

Abstract

The present work aims to analyze the usefulness of the current classification of collective rights and interests in the resolution of a such conflict in the concrete case, as well as to point out the possibility of applying a contemporary theory of classification of disputes as a possible way to better define the legitimacy for the filing of collective actions in Brazil. In this sense, through bibliographic research with a qualitative approach, we sought to understand the dynamics of the development of actions that protect collective rights and interests and the application of the classic classification of collective rights. Therefore, the work found that a contemporary classification would be more useful in defining pre-procedural, procedural and post-procedural issues, more specifically issues related to the definition of those legitimated to file a class action when the violation of rights in the specific case, given of the concurrent legitimacy defined by the Brazilian legislator. As a result of the natural evolution of society and procedural demands, this new classification is more adequate to the new needs and demands that arise in the Brazilian social context. Finally, it was shown that, despite the historical importance of the classic classification of collective rights and interests, a contemporary classification is more useful in defining the most appropriate legitimized to promote the protection of collective rights.