The Verification Criteria of the Adequate Representativeness and the Practice of the Brazilian Representative Model

Abstract

Brazil adopts a representative model of collective procedure in which an extraordinary legitimate singular part, thru a formally written legal authorization, conducts the process in his own name, in defense of rights that belong to a group of people. In this context, the collective due process of law has become a theoretical reference for a considerable part of the doctrine to admit the possibility of controlling, in the specific case, the adequacy of the representativeness of this extraordinary legitimate part. The present work seeks to approach the criteria defined and used for that control, especially the thematic pertinence. This is done by analyzing its content and scope in a representative model that, although mixed, is mostly public in practice. The problem lies in verifying if the criteria are, therefore, efficient for the reality of the Brazilian collective process.