O Microssistema do Processo Coletivo e a Proteção aos Direitos Transindividuias

Abstract

This paper addresses the microsystemization of jurisdictional protection in matters of collective rights and the effective protection with respect to transindividual rights, which are diffuse, collective in the strict sense and homogeneous individuals. Starting from the analysis of the evolution of fundamental rights since its origin, taking as a research base the verification of the mechanisms available in the legal system as an instrument of collective protection aimed at the implementation of fundamental rights, giving emphasis, in the classification of the consumer protection code presenting the concept of the categories that compose it, the law of public civil action as a procedural instrument that supports these rights, and the code of civil procedure with subsidiary application, these legal bases that integrate the microsystem in the collective process aimed at protecting meta-individual rights. In addition, it movement to systematize collective procedural law is discussed, addressing one of the bills for the creation of the Brazilian code of collective process, as seen that, there was a loss of opportunity in the 2015 code of civil procedure for not creating a new system of collective judicial protection. Does the paper highlight the need for discussion as to whether the existing microsystem is effective in protecting transindividual rights? In view of the sparse existing laws that try to fill this gap, thus understanding how far the real need for a specific codification to deal with these collective procedural demands goes.