Aspectos do devido processo legal no processo coletivo

Abstract

This assignment has searched an approach on the collective process by the constitutional view through the analysis of several questions that come to attention and discussion in the doctrinal and jurisprudential area. First of all, it situates the transindividuals rights by means of the mass society, outstanding its importance on the transformation of the law, when not finding place at the traditional patterns of the public law and private law. Besides, there s an effort to understand the origin of the new area of procedural law, named as collective procedural law, analyzing the conditions that have become favourable to its appearance as well as its present configuration in the native law. Summarizing, this new area of the procedural law had its origin on the insufficiency demonstrated by the classic procedural model by presenting appropriate and reasonable answers to social conflicts of transindividual nature. It briefly studies the constitution of the legal process principle to make possible the mentioned constitutional approach of the collective process, taking into account its basic importance to the procedural law when it practices the role of major constitutional warranty of procedural nature. In order to make the constitutional analysis of the collective process feasible, it selects some polemic points in the doctrines and jurisprudence that could have a direct relation with the principles derived from the due process clause. This task is pertinent because it looks for answers to controversies related to the interpretation and application of the procedural law in charge of performing transindividuals rights that are located in the Federal Constitution