Legitimidade no processo coletivo comum

Abstract

This paper examines the issues related to legitimacy in the common collective procedure, which is an issue worthy of attention due to the recurring concerns of scholars of the subject, which are not regimented today. There is much to scholars of the law, the need to take into account the rights that fall outside of the sphere of the individual. Equally fortunate, given the massive complex relations, realized the necessity to protect the collective rights, to achieve the right of access to effective and appropriate justice. From this perception, scholars began to devote themselves to the positive study and instruments aimed at protecting the rights of individuals. In this goal, many have stressed the legitimacy of the most sensitive in the implementation and protection of these rights, mainly from the attempt to adapt to the classical concepts of the traditional civil procedure. With the promulgation of the 1988 Constitution, and subsequently with the entry into force of the Consumer Defense Code (Law n. 8.079/90), we can say that today, we have many procedural laws aimed specifically toward the protection of individuals rights, of which we adopted in the teaching division of collective common and special case. The legitimacy for the collective conduct of the proceedings should be seen from its separate legal nature of traditional civil procedure. Its merits, by the legal framework that make the process public, permits students to have the right to focus their efforts on improving the interpretation of sedimentary. In addition, to be consistent with the preservation of an individual s goals. The new concepts and classification in the more modern positivist diplomas, collective informers process, enable particular analysis of the components involving the legitimacy issue in public policy. Allowing appropriate conclusions about controversy related to each environment and each type of legitimate authority of an individual s rights