A participação no processo coletivo na perspectiva do princípio da cooperação

Abstract

The present work proposes an analysis of participation in the collective process based on the principle of cooperation, in order to visualize how this principle can contribute to ensure greater participation of holders of collective rights debated in court in obtaining judicial protection. To this end, bibliographical research was developed based on the Theory of Collective Disputes, which proposes the parameters of complexity and conflict for the classification of these disputes. Next, we examine the principle of cooperation from a historical and cultural perspective, based on the constitutional principles of participatory democracy and citizenship, and the fundamental rights to due legal process and contradictory proceedings. From this, the complementarity between representation and participation is analyzed and the forms of participation of right holders are discussed. Eventually, a brief analysis of the Samarco case is presented, regarding the participation tools used and their effects on the fair resolution of the conflict.