O controle judicial da representatividade adequada no direito brasileiro: a utilização do princípio democrático e da concepção do direito achado na rua como parâmetros

Abstract

This monograph is intended to analyze the institution of adequate representation on the democratic principle and the perspective of the theory of " law found in the street " as interpretative for better contribution to the collective rights elements , ie the bias , pick up will show how the process can become a legitimate channel ( democratic ) to the filing of such duties. In this sense, as a way to demonstrate the legal reasoning and doctrinal aspects for a better understanding of the topic, the study will focus upon literature review, the importance that the institute can come to have for the paternal system, serving from north to denounce the obligation of Judge - State to act in a coherent and reasoned to elect representatives who reflect the case in concrete demands of collective subjects . Soon, there will be - the feasibility of a hermeneutics aimed to preserve access to justice, as well as other conformers principles of procedural law , for example , due process and thereby promote the social environment that the changes effective expected of a democratic state.