The effectiveness of fundamental standards in the field of public civil action: a focus on collective litigation in the light of the new Code of Brazilian Civil Procedure

Abstract

The objective of this monographic work is to demonstrate the importance of the effectiveness of the fundamental norms - normative force of the principles - foreseen in the General Part of the new Brazilian Civil Procedure Code - CPC / 2015 - insofar as there is the adequacy to the specificities of the public civil action, especially with regard to adequate representation. Through a bibliographical review, the work is developed in the following topics: public civil action as special procedure, historical brief, protected object, collective litigation; the fundamental rules of the new civil procedure code; collective litigation and the effectiveness of fundamental rights norms. It is hereby adopted the understanding that the public civil action is a special procedure due not only to the collective rights latu sensu that has as object of tutelage, but also as a result of the collective litigation that is presented to the State-judge; however, that such an argument can not be sustained to the point of removing the discipline of the collective proceeding by the civil procedure code.