Direitos coletivos, Ação Civil Pública e Ação Popular

Summary

This academic video script explores collective rights in the Brazilian legal system, focusing on 'direitos transindividuais' or meta-individual rights, which include rights of groups, classes, or categories of people. It discusses three types of these rights: diffuse rights, strict collective rights, and homogeneous individual rights. The script also delves into the mechanisms for their protection, such as the 'ação civil pública' and 'ação popular', emphasizing their importance in safeguarding collective interests like the environment, consumer rights, and historical patrimony.

Takeaways

• 📚 The script discusses collective rights in the Brazilian legal system, focusing on two key instruments for their protection: the Public Civil Action and the Popular Action.
• 🔍 It defines 'transindividual rights' as collective rights that belong to groups or categories of people, distinguishing them from individual rights.
• 🌐 The Brazilian collective rights system was inspired by the Italian model in the 1970s, aiming to address conflicts involving large groups not adequately covered by private law or state law.
• 📝 The script outlines three types of transindividual rights: diffuse rights, strict collective rights (collective species), and homogeneous individual rights.
• 💡 Diffuse rights are indivisible and held by indeterminate persons affected by factual circumstances, such as environmental disasters affecting a large group of people.
• 🏭 Strict collective rights pertain to a group with a legal relationship, like a union fighting for workers' rights, and are indivisible among group members.
• 🔗 Homogeneous individual rights stem from a common origin and could theoretically be protected individually, but are often addressed collectively for procedural economy and to ensure equal treatment among victims.
• ⚖️ Public Civil Action is a judicial action designed to protect collective rights, including diffuse and collective rights, and is governed by the Brazilian Constitution and Law 7.347/85.
• 👥 Legitimate entities to propose Public Civil Action include the Public Ministry, consumer associations, and other public entities, with the Public Ministry acting as a legal guardian.
• 🛡️ The script also covers the Civil Inquiry and Conduct Adjustment Term, tools used by the Public Ministry to investigate potential violations of collective rights and to reach settlements without judicial proceedings.
• 🏛️ Popular Action, governed by Law 4.717/1965, allows citizens to act individually to annul acts that harm public assets, morality, the environment, or historical and cultural heritage, with the plaintiff exempt from judicial costs unless bad faith is proven.

Q & A

What are collective rights in the Brazilian legal system?

Collective rights in the Brazilian legal system refer to rights that belong to groups, classes, or categories of people. They are also known as transindividual or metaindividual rights and are protected through judicial mechanisms such as the public civil action and the popular action.

What is the difference between 'direitos difusos' and 'direitos coletivos em sentido estrito'?

Direitos difusos are rights that are indivisible and have indeterminate individuals as holders, linked by factual circumstances, such as environmental damage affecting the general public. Direitos coletivos em sentido estrito, on the other hand, are rights of a group, category, or class of people linked by a legal relationship, such as a union representing workers.

How does the Brazilian legal system address rights that are not adequately protected by private law or public law?

The Brazilian legal system addresses rights that are not adequately protected by private or public law through the concept of transindividual rights, which are a category of rights that are neither state rights nor private rights but are collective in nature.

What is the role of the public prosecutor's office in collective rights protection?

The public prosecutor's office plays a significant role in protecting collective rights by initiating public civil actions, acting as a legal guardian (custos legis) when it is not the plaintiff, and ensuring that the law is upheld. It can also conduct civil investigations and enforce terms of conduct adjustment agreements.

What is the purpose of a 'termo de ajustamento de conduta' in the context of collective rights?

A 'termo de ajustamento de conduta' is an agreement where the party violating collective rights agrees to adjust their conduct according to the law to prevent the continuation of harm and potentially repair damages. It serves as a practical solution to avoid litigation and ensure compliance without going to court.

How does the 'ação civil pública' differ from the 'ação popular' in terms of the parties involved?

In 'ação civil pública', the parties involved are institutions such as the public prosecutor's office, defense entities, or public administration entities acting on behalf of the collective or the group. In contrast, 'ação popular' is initiated by individual citizens who have the right to vote, acting in their own name to protect public interests.

What are the potential outcomes of a 'ação civil pública' if a party is found guilty?

If a party is found guilty in a 'ação civil pública', they may be required to restore an ecosystem, provide assistance to victims, install structures for people with disabilities, or cease harmful activities, among other reparative actions.

What is the primary goal of 'ação popular' as per the Brazilian Constitution?

The primary goal of 'ação popular' is to nullify acts that are harmful to public assets, morality, the environment, and historical and cultural heritage. It is aimed at preventing and correcting actions that damage collective interests.

How has the scope of 'ação popular' evolved since its creation?

The scope of 'ação popular' has evolved from initially focusing on protecting state assets and morality to now encompassing a broader range of collective rights, including environmental and cultural heritage protection, as per the Brazilian Constitution of 1988.

What are the legal requirements for an entity to initiate a 'ação civil pública'?

An entity must be constituted for at least one year and have institutional objectives that align with the subject matter of the action to initiate a 'ação civil pública'. This ensures that the entity has a legitimate interest in the collective rights it seeks to protect.