PUBLIC CIVIL ACTION, PUBLIC DEFENDER AND DEMOCRATIZATION OF ACCESS TO JUSTICE: REFLECTIONS ABOUT THEACTIVE LEGITIMACY IN THE PROTECTION OF DIFFUSE RIGHTS AND COLLECTIVE RIGHTS

Abstract

The search for the Judiciary System to solve conflicts is crescent, reason why the essential institutions to justice conquered evidence position at the legal system. With the emergence of collective judicial demands, the civil process was remodeled to attend the collective aspirations. The amendment of art. 5º of the Law nº. 7.347/85, that included the Public Defender in the legitimate roster for the proposal of the civil action, materialized the civil procedure as a constitucional task, removing even more its classic individualistic conception. Therefore, it is necessary to analyze the active legitimacy of the Public Defender in protecting the diffuse and collective rights through the spectrum of access to justice, through the theory of adequacy of representation, assigning broad sense at the conception of low sufficiency, based on recent jurisprudences. Therefore, we used qualitative bibliographic research, through theoretical references and jurisprudences involving public civil action proposed by the Public Defender in the defense of collective and diffuse rights.