Access to justice in public and private business relations: the protection of diffuse and collective rights by public defender with public civil action

Abstract

This article aims to contribute for the debate that borns in the legal field about the legitimacy of public defender to propose a public civil action, in order to establish favorable understanding, which could mean a way of increasing access to justice for an unknown number of people and the reduction of the amount of individual demands questioning the same subject, be from public nature or private. The legislative changes that made possible to propose the public civil action from public defender means, therefore, a breakthrough in expanding acces to justice by population. The constitutionality of the legal provision in question, however, is subject of questioning front of the supreme court.