O Ministério Público Federal e a competência da Justiça Federal: uma análise da atuação ministerial na tutela coletiva como elemento fixador da competência jurisdicional

Abstract

This paper aims to outline the criteria for determining jurisdiction when federal prosecutors is present in the collective process, looking from side to demarcate the jurisdiction of the federal courts and others become effective Parquet compared the performance of the relevance of collective rights in society modern. From literature and case-study is plotted jurisdiction of the federal courts exposed the parallelism between the distribution of ministerial bodies and the structure of the judiciary, and demonstrated the importance of the ministerial role in advocacy and diffuse, collective and individual interests homogeneous. Thus, perquire the possibility of the Federal Parquet sue before the State Court. Through this study, it is concluded that the mere presence of the Federal Public Ministry in a class action is not sufficient to establish the jurisdiction of the Federal Court, that body may practice before the state courts in order to achieve protection of the rights transindividual.