Collective guardianship: criticism to its procedural coding proposals in Brazil

Abstract

Starting from the classic Roman right as counterpoint, coding proposals of the procedural collective right, which are under debate in Brazil, are criticized, since they are limited within the transindividual interests category, without breaking, in fact, with the dichotomy public/private,  and without transposing the scope of the traditional civil process. It is proposed the drawing of the collective right from the post-modernity, through the recovery of the real deal (in opposition to the formal and fragmented deal from the modernity process), which means the dimension: of material right with the recognition of the autonomy of collective rights (such asenvironment, health and culture in certain contexts); of the collective subjectivity (in return to the limitations of the transindividual interests category); of the collective process, in terms of Agora (in legalistic and formalistic process’s andtraditional competitive process’s place).