AÇÕES PSEUDOINDIVIDUAIS: O CONFLITO ENTRE O ACESSO À JUSTIÇA E A TUTELA DOS DIREITOS COLETIVOS

Abstract

The present article seeks to offer solutions, albeit partial ones, to the crisis arising from pseudo-individual actions. These actions pertain to instances where an individual endeavors to secure collective rights in the broadest sense. The effective safeguarding of these rights poses a challenge, given that the legislator has chosen not to confer standing upon the individual, reserving it for state entities, notably the Public Prosecutor's Office, federal entities, and civil associations. Thus, an apparent confusion arises between the ownership of the right and the legitimacy to litigate. The article aims to demonstrate that this conflict is merely superficial. Despite the high volume of cases, the risk of contradictory judicial decisions, and potential confusion in public policies, it argues that prohibiting pseudo-individual actions is not the most advisable course of action. The advocated proposal involves embracing "class actions" and the ombudsman, expanding the roster of those with standing and, to some extent, discouraging individuals from pursuing solitary actions. The text contends that this approach may contribute to a more effective protection of collective rights, allowing for a more fitting response to the challenges at hand.