Legitimidade ativa de pessoas físicas em ações coletivas: incentivos e desincentivos institucionais

• Ano de defesa: 2014
• Autor(a) principal: Langenegger, Natalia
• Orientador(a): Cunha, Luciana Gross
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Legitimidade ativa; Incentivos e desincentivos institucionais
• Palavras-chave em Inglês: Collective actions; Standing in collective actions; Access to justice; Institutional incentives and disincentives
• Link de acesso: http://hdl.handle.net/10438/11753

The subject of this project is the granting of standing for individuals to file collective actions. More specifically, this research aims to discuss the arguments presented against this standing by jurists and parliamentarians amid the debates on the drafting of a Code of Collective Actions for Brazil, which resulted in the filed Bill of the New Law of Civil Action (Bill nº 5.139/09). Furthermore, this study conducts a review of the institutional environment within which collective actions are currently processed and then reflects on the possibility of offering institutional incentives capable of stimulating individuals to promote collective actions, should they be granted such legitimacy. The study assumes that the augmentation of the list of entities which are granted standing to file collective actions can contribute to increasing (or an increase in) access and democratization of justice, but considers that the mere inclusion of individuals amongst the subjects who are granted such standing would not be sufficient for this standing to be exercised. It is believed that it would be necessary for procedural legislation to provide specific institutional incentives in order for individuals to assume authorship of collective actions involving all modes of collective interests. Thus, the research adopts an institutional perspective which considers procedural law capable of influencing the parties’ behavior during the process by establishing rules of conduct and changing the costs and benefits related to the participation in judicial proceedings. The study concluded that the arguments presented against the granting of standing for individuals to file collective actions are based on reasons that can be circumvented by modifying certain procedural rules and by a more active posture of judges in conducting such lawsuits. It also identified the fact that the institutional environment within which collective actions in Brazil are currently processed does not provide incentives for members or groups of the civil society to promote these actions, making it necessary for the procedural legislation to provide additional institutional incentives.