O consumidor face o litisconsórcio ativo nas ações coletivas para defesa dos direitos individuais homogêneos.

Abstract

The present paper aims to study the intervention of the individual as active joint group in Collective Actions to defend homogeneous individual rights by Article 94 of the Consumer Protection Code. Addressing to the issue, the support of the research focuses on the argument that it is necessary to know the Collective Action brought by the aforementioned Code, with a view on the institute of the joint group that diverges from the teachings affected by traditional Civil Procedure. Based on the foregoing, it analyzes the theme posited as general purpose and clarifies the situation of the individual, illegitimate to propose a Collective Action as active joint group of this action, as well to understand the consequences of the institute on the Res Judicata in these actions. And specifically it aims to determine the appropriateness of the Consumer Code as an instrument for the defense of individual and collective rights, addressing to the intriguing question about the active legitimacy and its expansion coming from the referred Code, to show the difference between the interests or diffuse rights , collective and homogenous individuals, as well to profile the Civil Public Action regulated by Law of Civil Public Action and the Collective Action by statute of the consumer. In order to this purpose, the deductive method is used as approach, and as methods of procedure, the method of the historical evolution as well as the method of structuralism are used, and for the search technique, indirect documentation is used. In this regard, note that the joinder brought by the Spatial of the Consumer is innovative and different compared to the traditional normative situation, knowing that the consumer prejudiced can’t propose Collective Action in defense of their own rights, the consumer should not be able to appear as active joint group in action, and such intervention of the joint group is disqualified when it refers to the Res Judicata in this action, knowing that it is more beneficial to the individual to remain inert before the Colective Actions qualifies itself as joint group, because not inserting itself as the joint party, the individual will be benefited as the res judicata will be favorable, it also may enter individually with an action to repair damage suffered when the res judicata of Collective Action will be unfounded, however, if the individual will join the action, as well in case of an application rejected, this consumer will lose the right of individual petition.