Direitos coletivos na sociedade em rede: o desvelar da ação popular como mecanismo de combate à corrupção do sistema jurídico de proteção transindividual

Abstract

This thesis places the State and society transformations and the scenery of collective rights in context. From the demonstration of a normative variety, which interacts in the legal system and forms connections between rights and people, a reading of collective rights structured in a network is made. With this basis, the research has the goal to investigate how legislative predictions of collective rights have gained a reality of ineffectiveness, bringing a criticism to a prevalence of liberal-individualist tradition and neoliberal globalization, considering the preponderance of political and economic interests, factors that bring the corruption of legal collective universe, including the judicial process. In this context, turns to the study of Citizen Suit as a way to build paths, evidenced at first the jurisdiction importance in Contemporary Constitutionalism, highlighting law’s autonomy and counter-majoritarian function defense. Citizen Suit have demonstrated positive and contradictory aspects. Positive in the sense of being visualized the possibility to overcome individualism, since the citizen occupies his individual condition to turn to the community’s defense, by the demonstration of the need to follow/supervise the public decisions and the condition of citizenship exercise. Contradictory since the jurisprudential research, doctrine and editorials revealed the corruption of this environment prioritizing individual rights defense. For the research’s development is adopted as basis theory Critical Hermeneutics of Law. With the proposed objectives achieved, the conclusion is that in spite of corruption’s identification, the Citizen Suit or Lawsuit is an environment to take seriously the collective rights, being discussed, still, conditions of care for the jurisdiction itself, referring to the meaning of jurisdiction democratization and the requirement of coherence and integrity in demonstrating the fundamental right to the adequate response to Constitution.