As ações coletivas como instrumento eficaz de acesso à justiça

Abstract

It deals with the analysis of the class actions as an efficient instrument of access to Justice. It seeks, trough the historical rescue of these actions, to demarcate the historical context of its evolution, passing trough the human rights generations and the influence of the political thoughts in the civil procedure, detaching the collective rights in its ample sense, which includes diffuse rights, collective rights in strict sense and homogeneous individual rights. It dissertates about the elements that differentiate the class actions from the others, attempting to appraise them, as well as demonstrating how these elements may be a good serve to skirt the obstacles of the access to Justice, regarding the collective rights in ample sense. It analyses the historical evolution of the Access to Justice Movement. It seeks to demonstrate that the class actions may also be an instrument of pressure of the Public Power for positive installments, through the demands before the courts for public polices that carry through the social and diffuse rights.