O desastre de Mariana e a tipologia dos conflitos: bases para uma adequada regulação dos processos coletivos

Abstract

This article aims to stablish the basis for an appropriate regularization of the class actions, taking as a premise EdilsonVitorelli's PhD final thesis and presenting as an illustrative case the environmental disaster occurred in Mariana, State of Minas Gerais, Brazil. The legislation about the class actions in all Latin America seems inefficient for an appropriate judicialprotection, because it is all built taking into consideration the rights abstractly involved in the litigation. To assure a dueprocess of law, the regulation about class actions must be flexible, in a way that provides an effective judicial protection forthe most varied types of litigation, according to the peculiarities presented in each case. Therefore, class actions institutes(legitimacy, competence and settlements) must be rethought to fit the necessities of the litigation and requirements of thedue process of law.