A representação adequada no processo coletivo: um estudo comparado entre o Direito brasileiro e norte-americano

Abstract

The present work seeks to develop the themeof adequate representation in collective processes. Initially, the concept of collective rightsis presented the, relationship of these rights with access to justice and the historical development of class actions, as well as the concept of adequate representation and some aspects of this theme in North American law and in Brazilian law. The objective is to analyze at which points the Brazilian legal system approaches and distances itself from the American model in relation to the control of legitimacy in collective processes, pointing out jurisprudential and doctrinal trends. Therefore, the construction of this worh is based on arguments indicated by national and foreign doctrine, promoting a critical study of the central theme. It is concluded that the control of adequate representation in collective actions must be exercised by the judge of the case, who must promote a qualitative analysis based on a certain discretion of the magistrate, but not independently of the legal system.