O alcance da tutela coletiva face aos limites impostos pela lei de ação civil pública

Abstract

This paper proposes an analysis of the scope of collective protection. That's because this branch of procedural law has gained importance in law to the extent that relief also gain collective rights in the current context of mass society. Collective protection is raising the status of public interest, because it has taken over the function of the judicial process, determine the state to fulfill its constitutionally established process purposes. Corroborating the principle of access to justice, nursed the Federal Constitution of 1988 to give protection to the maximum amplitude of these emerging rights. Guided by access to justice and the principle of atypical, Law of Civil Action and the Consumer Code proceduralizing were given the collective rights in court. However, due to political and economic storms that occurred over the 90 years, was published an interim measure restricting the filing of class actions on tax and social security matters. Given this situation, this work lends itself to understand the legal restriction that presenting in a doctrinal and jurisprudential analysis, the appropriateness and constitutionality of the measure, resorting in the end, as a possible solution to the controversies raised about the theme that is more consistent with the principles and the importance of collective protection.