A violação de direitos humanos por empresas e a legitimidade ativa das associações nas ações coletivas: análise de uma ação civil pública envolvendo o caso do Porto do Açu

Abstract

The aim of this paper is to promote a critical analysis about the situation of the associations as an active legitimate in the public civil actions. For this purpose, it uses a real suit about the Porto do Açu case which envolves a scenario of inumerable violations of Human Rights by a group of companies that are resposible for the construction of the enterprise. In order to develop an observation about the role of the associations as colective subjects of rights, the study has, as a reference, the researches about The Insurgent Law and The Law Found on the Street with the objective of highlightining the importance of the participation of the organized society into the creation of a solidary and inclusive law system. This concept is used as a mark to treat the issues concerning the violations of Human Rights for companies in order to perceive that the positive law, for itself, is not capable of promoting an equality between the litigants and, for this reason, the veritable acess to justice. Moreover, it is inefficient to promote an adequate reparation for the victims and a necessary punishment for the agents of State and corporations.