A flexibilização do procedimento para um processo coletivo mais democrático.

Abstract

The objective of this paper is to present the possibility of flexibilization of the collective procedure by the judge in the concrete case as a way to bring greater effectiveness to the jurisdictional provision, from a perspective of the democratic process model and based on formalism-evaluative.Such thinking is inspired by section V of article 107 of Senate Bill No. 166 of 2010, which served as the basis for the advent of the Civil Procedure Code of 2015. Such a device was eventually portrayed in the 2015 CPC in its art. 139, VI, even if in a very limited way, removing much of its essence by limiting the magistrate's powers regarding the possibility of procedural flexibility. Even so, it is important to discuss what could bring such a clause, if reproduced in its entirety - and with the needed corrections explained here - both for the doctrinal discussion of the growing wave of powers conferred on magistrates in the last decades, but especially for the environment of collective guardianship. This is because the collective reality in Brazil, consisting of a microsystem that involves numerous diplomas with different levels of application, is not known in depth by the great majority of legal science thinkers, although it is present in numerous legal relationships and affects much of the population. It is precisely along this path, understanding the importance and peculiarities of the collective procedure, in which much more individual treatment is needed, with a deep knowledge of the concrete case and the reality of the parties involved, it is suggested to make the procedure more flexible by the magistrate, within the limits imposed by the constitutional principles applicable to the process, as a useful alternative to make collective judicial provision truly effective.