ESSAY ON THE EFFECTIVENESS OF THE COLLECTIVE PROTECTION IN PORTUGAL

Abstract

This essay aims to examine certain aspects concerning collective judicial process by the light of some Portuguese cases, having as base the collective judicial protection understood as a fundamental right. With regard to the employed research method, the approach is the qualitative one, while the method is the deductive and the technique is the bibliographic e jurisprudential research. The theoretical framework is based on the doctrine and theory of some of the cited authors during the research. Among them are Robert Alexy, Mauro Cappelletti and Bryant Garth. In addition, this paper is divided into three sections: the first one is a brief study on access to justice clarified as a fundamental right of the citizen. In the second section a parallel is made with the first one, but the collective judicial protection is therefore seen as a fundamental right. In the third and last section we have the analysis of four cases of two superior courts of Portugal, being them the Supreme Court of Justice (STJ) and the Supreme Administrative Court (STA), in order to understand the collective process in Portugal and to see which points that can offer a contribution for the brazilian collective procedural technic. As a result, it is found that collective judicial protection is inevitable and immanent for a substantial vision of the fundamental right of access to justice, understood like a orders of optimization, that may his realization in the biggest measure is possible.

Keywords

• fundamental right of access to justice
• collective protection
• portuguese jurisprudence
• popular action in portugal