Detalhes bibliográficos
| Ano de defesa: |
2021 |
| Autor(a) principal: |
Waller, Marco Christiano Chibebe
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| Orientador(a): |
Sodré, Marcelo Gomes
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/24075
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Resumo: |
The present study aims to analyze the representativeness of the collective process, as well as the effective participation of right holders in the formation of collective action, as well as in the conduct of the process. For that, the legitimate ones to propose collective action and what are the existing instruments that provide the contact of the population involved with the representative were analyzed. Initially, a study was carried out on the historical evolution of the collective process, from the Ancient Age with popular actions, through the Middle Ages, Modern and, finally, the Contemporary Age. The study of this evolution was intended to verify the evolution of society and the reasons that led the Law to use collective actions as an instrument capable of allowing better access to Justice. In view of the need for collectivization of demands, representativeness was seen as essential to the collective process, under penalty of the judicial decision not being effective and not providing for social pacification. Based on these elements, the due collective legal process was approached, when it was analyzed that it should be seen in a different way from the due legal process of the individual process, since mainly the adversarial rule could not be seen only in an endoprocessual way, but also with those directly interested who are outside the process. It was also compared with the North American class action model, mainly because the system applied there is completely different from the Brazilian one, including the assessment of adequate representativeness with a requirement for filing collective action. Finally, the models of participation in the process and which instruments are already used to bring the population closer to the representative were analyzed, as well as what are the new means that can be used by the legitimate in the collective process |
