Legitimidade de origem negocial para a ação coletiva

Abstract

The following academic work has, as its purpose, to analyze the compatibility of Brazilian’s Microsystems of Collective Procedures with the Civil Procedures Code of 2015. We shall debate, particularly, the possibility of applying an extraordinary legitimacy in the collective procedure through authorization by procedural agreement, such as the doctrine has been allowing on the individual procedure. Therefore, we shall address the issues of factual viability to conclude procedural agreements on the part of the collective rights’ holders, the legal possibility of transferring the legitimacy to an entity not established by law, the collective or multiple nature of the action that is eventually filled by the transferee and the benefits the legitimacy originated from the agreement might bring to the collective procedure. The analysis begins through the examination of the legitimacy’s peculiarities to the cause of the collective procedure, the rights that constitute the objects of those actions, as well as the typology of collective litigations of global, local and radiated diffusion, culminating in the confrontation of the factual and legal obstacles to the application of the legitimacy originated from the agreement on the defense of transindividual rights, examining, at last, the possibility, relevance and the implications of such legal phenomenon. On this research has, essentially, a theoretical approach, the hypothetical-deductive method of approach was utilized, as well as the indirect documentation as the research technique.