Os fundamentos da legitimidade ativa do indivíduo na tutela coletiva brasileira

Abstract

This doctoral thesis aims to demonstrate the fundamentals that enable defend the legitimacy of the individual active in the Brazilian collective protection despite the absence of express legislation in this regard. For this, first we tried to draw a general picture of the Brazilian collective protection, setting institutes and species metaindivididual law and the formatting of the current microsystem of collective actions and attempts to limit its incidence level. Overcome these notes, there is beginning to study some questions about the institution of active legitimacy in Brazil and the current legitimate provided in the list of the Law on Public Civil Action and the Consumer Protection Code. Immediately thereafter will be analyzed some countries that legitimize the individual actively in the defense of metaindividual rights. Next will be singled out and refuted the arguments against the active legitimacy of the individual in collective custody, and finally the mighty foundations that the thesis of active legitimacy of the individual in Brazilian collective action de lege lata will be presented, emphasizing-is or principle gives inafastabilidade jurisdictional control. This work was based on bibliographic and jurisprudential research, using the inductive, comparative and historical methods so that through domestic and foreign literature