Revista Eletrônica de Direito Processual (Apr 2021)

PARTICIPATION IN TEST CASES

  • João Paulo Lordelo Guimarães Tavares

DOI
https://doi.org/10.12957/redp.2021.52102
Journal volume & issue
Vol. 22, no. 1
pp. 465 – 487

Abstract

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The present article aims to analyze the multiple forms of participation in the judgment of test cases, understood as a kind of collective process, alongside class actions. For this, fundamental concepts of collective processes are used, such as the notions of group, group member and conductor of the process, which will serve as a starting point for the analysis of the legislative catalog. Throughout the text, dynamic and atypical means of intervention are proposed as a way of circumventing the problem of participatory deficit. On the other hand, in order to avoid undue procedural delay, it is proposed to assign interventional legitimation ad actum, based on the circumstances of the specific case.

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