OLIVEIRA, A. S.; OLIVEIRA, Alexandre da Silva.
Abstract:
This paper addresses the legitimacy of the Union ad cause the proper íegitimacy, guardianship in court the interests of its members through the institute procedural Public Civil Action, the existence of collective conflict as a means of giving effect to the collective rights and homogeneous replaced the procedurally. The problem is analysis of the requirements demanded by law so that the union can judge a Public Civil Action, or if there are specific requirements and what are these requirements for the filing of this action, but what are the advantages to the procedure for replacement through the filing of civil action by public employees union, both for members replaced and for society in general. The aim is to deepen the study of collective conflicts and, consequently, the collective process, with regard to the Trade Unions as subjects who have legal guardianship and trade union rights in court representing social category in a broad sense and thus The present work aims at studying the collective process, the rules that distinguishes the design process with individuaiistic and therefore aims to examine the concepts of collective ownership, collective decision, collective enforcement, and especially the legal and constitutional basis for that Syndicate can judge the Public Civil Action. And among these tools is a collective process of the legal institute a Public Civil Action. So the union has standing to judge appropriate active such collective action, regardless of authorization from their list of affiliates and partners, due to the Federal Constitution, Article 8., Paragraph III, of Law 7.347/85 (LACP), articles . 5. And 21, and the provisions of Law 8078/90 (CDC), article 81, sole paragraph, item III, 82, item IV, 117. The filing of a Public Civil Action by the Union's way of ensuring access to justice for members replaced, but also an instrument of economic and speedy trial.
