Limitação territorial da coisa julgada na ação civil pública

Abstract

The scope is to show the incoherence that exists on the limits set for the judged case in the public civil action, by using a doutrinary study of the collective process. At first, a detailed historical report on collective rights is made, then the influences brought by north american and italian doctrines are presented, as they can be noticed on the brazilian system, focused on (trans) individual rights. Then a brief analysis is made about the themes of jurisdiction and competence, linking their concepts with the subject of collective process. Finally, the brazilian treatment given to the judged case in the collective actions is shown and, more specifically, the problem seen on setting territorial limits for the charge of the collective sentence.