Litispendência nas ações coletivas

Abstract

This work deals with the legal judgement (litispendency) in class actions, institute in the study of Civil procedural law, and more specifically in Collective Procedural law. Before entering the central subject, it approaches the emergence of the juridicial custody of target individuals' interests and widely characterizes the collective actions. It also deals with the elements of the individual actions, and not only the legal judgement, but, also, assimilated phenomena, such as, the connectíon, the continence, the prejudice and the preventíon. Finally, these pertinent aspects of individual actions are analised in the context of the collective actions, followed by a comparison between the elements of these actíons and the individual ones, as well as the elements of public civil action and of public interest action, the mandate/power of attorney and the administrative impobidade action. It is verified that although the theoretical possibility to configure legal judgement between class actions does exist, in practice it becomes more difficult, being that the partial identity is a much more common phenomenon than the total.