O princípio da competência adequada como garantia de acesso à justiça: uma análise sob a ótica do devido processo legal coletivo

Abstract

This monograph aims to demonstrate the compatibility of the principle of adequate competence with collective procedure, considering its ability to maximize the access to justice. From the theoretical framework of value-formalism, which views the legal process as a means of achieving substantive justice, the analysis begins with an examination of the competence institute, followed by its application in collective proceedings, ultimately leading to the principle of adequate competence. It becomes evident that the traditional competence model, by downplaying the specificities of each case, can create obstacles to the full effectiveness of jurisdiction, especially in collective procedural law, characterized by the vulnerability of the society against those causing damages. The principle of adequate competence emerges as an attempt to address this issue. Under the normative support of collective due process, this principle aims to seek the best equipped court to enforce the rights of the litigants, flexibilizing competence rules. The proposal to find the most appropriate court for the case, one with the best conditions to realize rights, turns the principle of adequate competence into a means of instrumentalizing competence for the benefit of groups affected by collective harms. Aligned with the constitutional interpretation of the legal process, competence is ultimately placed for an effective access to justice.