A proteção de direitos humanos através de instrumentos jurisdicionais de tutela coletiva: a defesa de direitos coletivos e difusos por meio da ação civil pública
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2014-09-29
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Universidade Federal de Goiás
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This dissertation analyzes the judicial protection of collective and diffuse rights in Brazil. The
contemporary social pluralism is seen as a set of perspectives from that derive the collective
interests, marked by the multiplicity of subjects with identity demands, and as an expression,
many times, of human rights categories. The repeated disregard of collective interests,
massified in the context of the welfare state, led to the creation of legal instruments for
collective protection. The research highlights the public civil action. The breadth of claims
that may be conveyed by the public civil action makes possible the protection of goods and
interests of more immediate utility for social groups and the community as a whole, compared
to the traditional object of popular action. The public civil action is not seen as just a quirky
Brazilian legal-procedural instrument, but as a space of representation of social interests in the
current stage of democracy. In order to better understand the historical and cultural
arrangements of structure formation of the Brazilian judicial protection of collective and
diffuse rights, is traced a brief global overview of the development of instruments for the
defense of these rights. The management of the public civil action supposed a transformative
potential, suitable for reflections of philosophical and hermeneutic perspectives on the new
constitutionalism‘s milestones, since there is little research on the effectiveness and the
efficiency of the management of this instrument in Brazil, especially with respect to the
conjugated achievement of fundamental rights treated as a inseparable complex in current
constitutional order. The instruments of collective protection, that were born in the context of
mass society, hardly been consolidated in Brazil and already have its foundations - the Social
State of Law and the positivistic hermeneutics - in check. In this monograph, are exposed and
analyzed specific cases of public civil actions in Goiás. Statistical data related of these
collective actions in Goiânia are considered in evaluating the overall effectiveness and
efficiency of the public civil action in defense of collective interests and in assessing the role
played by civil society associations and Ministério Público. This is a study that brought
together the theoretical and empirical perspectives, and with it, tried to make a realistic
diagnosis about the efficiency and effectiveness of the public civil action as an instrument of
collective protection of representative social interests of human rights, in an effort to
interdisciplinary approach of the subject.
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COUTINHO, Marcelo Guimarães. A proteção de direitos humanos através de instrumentos jurisdicionais de tutela coletiva: a defesa de direitos coletivos e difusos por meio da ação civil pública. 2014. 129 f. Dissertação (Mestrado em Direitos Humanos) - Universidade Federal de Goiás, Goiânia, 2014.