Processo e democracia: um estudo sobre a legitimidade do ministério público para a tutela dos interesses individuais homogêneos.

Abstract

The present work is based on the verification that the Civil Process law categories deserve an approach confluent with the deep social changes dictated by the consumption society and for the mass economy. Under influx of the conquests of the moderns constitutions, of the emergent and attentive political ideas to the appearance of collectives rights, the Civil Process should reformulate its concepts and methodology, formerly focused in the resolution of individual work, and adapt them to present needs of molecular resolution of work, privileging the collective process as salutary instrument of facilitation of the access to the justice. In this context, the legitimacy of the Attorney of law is one of larger discursive richness aspects, not only among jurists, but above all in the Courts, which have been urged, over and over again to decide on the theme, occasion in which so many about the subject were set. Therefore, the study of the theme is necessary to settle down clear and objective approaches in order to check the legitimacy (or illegitimacy) of the Attorney of Law in the protection of homogeneous individual interests, contributing, this way, to reduce the disagreements of positions that so much has been used to instigate the juridical insecurity, through the divergence of the States answers.