STRUCTURAL LITIGATION: A TRANSITION BETWEEN STATES OF AFFAIRS FOR THE PROTECTION OF RIGHTS

Abstract

Based on unfolding of what is sustained in contemporary doctrine, it presents an understanding of the structural litigation, distinct but not incompatible with traditional doctrine. It affirms that the distinctive foundation of the structural litigation stems from a change of rationality (from causal to teleological), directed to a nonimmediate transition between states of affairs. This transition allows the identification of the characteristics of rights directly and indirectly protected by the structural litigation. At the end it is possible to identify the scope of action of the structural litigation and their function in the protection of the rights.

Keywords

• structural litigation
• structural injuction
• public interest litigation
• public law litigation
• protection of rights