Participação e representatividade adequada nos procedimentos de litigiosidade repetitiva

Abstract

This research aims to investigate the instruments and the mechanisms necessary to ensure the adequate participation and representativeness of litigants in repetitive litigation procedures to guarantee them the social right of access to justice. The work aims to solve the problem of the Adequacy of representation of litigants in the procedures of integrating the judgment microsystem the repetitive case through possibility of participation and control of the legitimacy of group members' intervention, from the notion of ad actum legitimacy, as well as the analysis of its argumentative contribution, its representativeness and its degree of interest in controversy. In addition, this study proposes the systematization of institutes, mechanisms and tools that must be observed and adopted by the Brazilian Courts and the by law operators in the intention to secure the Adequacy of representation of group members, so involving: (I) the choice of processes representative of the controversy; (II) the presumption of prevalence of the collective process as a representative process of the controversy; (III) the articulation of a sanitation decision and process organization (certification); (IV) the use of the internal regulations of the courts as a complementary source to discipline the sanitation and the organization of repetitive litigation procedures, and to regulate tools for the participation of interested parties; (V) compliance with the rules of participatory institutes of Administrative Law, which may influence and contribute to the treatment of repetitive litigation; (VI) the importance of the use of technology and the internet to expand the participation of interested parties; (VII) the possibility of using a public hearing; (VIII) the possibility of intervention by amicus curie; (IX) the intervention and mandatory participation of the Brazilian Government Agency for Law Enforcement and Prosecution of Crimes as a tax office of the legal order and in the defense of the interests of the needy people and vulnerable people, respectively.