The issue of the executive protection of the diffuse, collective, homogeneous and individual rights

Abstract

This work concerns the study of judicial protection in matters of collective, diffuse, homogeneous and individual rights, especially as it relates to its executive protection, revealing the critical time of the judicial protection of these rights. The research is based on the collective protection of the legal microsystem, consisting of the Public Civil Action law and the Consumer Defense Code (with subsidiary application of the Civil Procedure Code) to protect the meta-individual rights. Moreover, it discusses about the absence of a legislative body which is appropriate to protect such rights, established in the list of fundamental rights by the Constitution of 1988. It seeks to demonstrate the need to create a new system of judicial protection, free of regulation of the individualistic liberal perspective included in the Civil Procedure Code of 1973. Finally, it addresses the codification movement of the collective procedure law in Brazil, highlighting the main proposals in the Draft of the Brazilian Code of Collective Processes, besides the need for further discussions to its improvement.