Grupos vulneráveis, acesso à justiça e ação popular

Abstract

This research aims to analyze the popular action, a type of class action, and other institutes approached throughout the work from the current paradigm in which they are inserted. Thus, the idea of vulnerability is used instead of the traditional confrontation of thematic (access to justice, participation, processes) from the angle of poverty (in its strictest, if not incomplete, sense of absence of monetary income). Other causes (which are called "vulnerability factors") are not disregarded. In general, they will not be dissociated from one another and will be verifiable together, generating a kind of intersectionality or hyper-vulnerability. The guiding line of the work is the "participation" as an aspect that contributes to a greater or lesser incidence of these factors (and reveals itself as one of them, when absent), which will be considered from the initial perspective of the study. The evolution of the procedural law, to include collective actions alongside individual actions, also has political and social significance. There is nothing new, although for some the statement causes a certain strangeness. Evidently, here the reference is to the noblest sense of the expression, with nothing linked to party politics. The collective action can be a factor able to mitigate substantial inequality of the parties. In the first chapter, will be investigating the relationship between vulnerable groups and the evolution of the Rule of Law. In the second, questions involving the role of the courts in the implementation of the normative framework, the controversy surrounding their creative activity, access to justice in the context of Rule of Law and the contribution of the Florence Access-to-Justice Project, especially concerning the obstacles related to the protection of collective rights, considering the close relations between political participation, the democratic principle, the exercise of citizenship, judicial activity, and the process. The relation between process, democracy and participation will also be analyzed. In the third chapter will be analyze the access to collective protection by the own individual, with a view to approaching popular action and its procedural aspects. Inevitable points, such as the models of collective protection and the issue around the legitimacy of individuals, being or not being a member of the group, are present. In addition, other approaches whose borders touch the central theme will be carried out tangentially, such as the role of institutions and legal aid.