A ação coletiva como instrumento de pacificação social e de acesso à justiça: a necessidade de quebra de paradigma do processo civil individual

Abstract

This study intends to demonstrate the necessity of paradigm change in Brazilian civil procedure which today is still the individual process. It is well known that the Judiciary is in crisis, in so far as is plagued of repetitive demands that make difficult a relief in a proper form and due time, and that entail in the existence of conflict in decisions on the same factual and legal situations. In this scenario of legal uncertainty, the class action has a central role, to the extent that through a single application, numerous individual claims are solved. However, the law operator may not analyze a class action under the same focus of an individual action. The reason is that the correct use of the class action will enable the reduction of numerous claims, causing the State to provide judicial protection of quick, fair and equitable manner. So what will be proved is that transindividual rights framed among fundamental rights require the provision of a different judicial protection, which is not compatible with the central procedures of civil process, being essential in order to achieve the constitutional principles of access to justice to use the class action for the solution of massed causes, modifying the current procedural paradigm