A titularidade dos direitos tansindividuais: uma análise comparativa entre o Código de Defesa do Consumidor e a proposta de Edilson Vitorelli.

Abstract

The ownership of transindividual rights has never been a peaceful matter in national doctrine. The present work is guide by the great unknown about the affirmation that the transindividual rights belong to everyone and nobody at the same time. The objective is to analyze the ownership of these rights from the definition existing in the Code of Consumer Protection and the theory proposed by Edilson Vitorelli about a new typology for these rights. To achieve this result, the deductive approach method will be used; historical and comparative procedure method, and; research technique: bibliographical research. Starts by demonstrating the historical and social value that received the transindividual rights and the collective process, as well as remembering the construction of the collective learning process microsystem in Brazil. It follows with an explanation of how the Code of Consumer Protection explains transindividual rights and who grants their ownership, commenting on the characteristics of these rights and explaining what it is like to have a right. Finally, it clarifies why transindividual rights are not clearly stated in the Code of Consumer Protection, and presents the theory of Edilson Vitorelli, with a new concept and nomenclature for these rights. After comparing the study, it is concluded that the theory used by the the Code of Consumer Protection is insufficient to solve complex collective disputes, while that of Edilson Vitorelli meets the needs of these conflicts. Moreover, it was observed that, in relation to simple collective disputes, the Code of Consumer Protection is effective, while Edilson Vitorelli's has little practical difference in resolving these disputes, since the CDC is sufficient.