A ação civil pública como instrumento de efetivação dos direitos sociais e a legitimidade ativa do cidadão: uma proposta de alteração legislativa

Abstract

The work has as premise the discussion about the central role to be played by the citizen, through the Judiciary, for the realization of social rights constitutionally foreseen, mainly from the paradigm of the Social State and the neoconstitutional movement. The present proposal is to demonstrate that the collective process, through public civil action, is the appropriate legal instrument for the judiciary to control public policies related to such rights. By means of the deductive method and bibliographical research, especially from the study of law compared to the American class action, it will be verified if the system ope legis of control of the adequate representation adopted by Law nº 7.347 / 85, in the which refers to the legitimate assets to propose public civil action, was the most appropriate for the protection of fundamental social rights. It is believed that a legislative amendment to include the citizen as legitimized active for the filing of the public civil action, with the adoption of the judicial system of control of adequate representation, would be of great value for our collective micro-system of process and especially for realization of rights through judicial channels.