O devido processo legal como a voz do grupo nas ações coletivas

Abstract

The present resarch aims to investigate how the group in the brazilian collective actions can express its interests. Starting from the premise that participation in the judicial process is essential to satisfy the principle of due process, how can the group be heard in the collective judicial process? Those entitled to file a collective action are indicated by law and are not characterized as members of the group. The research is oriented towards the purpose of verifying whether the collective representative express the will of the group. In the event of an inadequate representation, the possibility of substitution by another legitimate one. The analysis of other forms of expression of the group's will like the right to opt out, participation in collective hearings and amicus curiae intervention was carried out observing their potential to express the group's interests. Participation in brazilian collective action must be thought in a diferente way than that used in the classic civil process. The methodology used in the work has a qualitative nature and is supported by bibliographic research, opting for the deductive analytical method. Finally, it was found that none of the methods discussed alone can satisfy the command of the principle of democratic participation. The goal can only be achieved with the integration of all the means used with maximum efficiency.