A execução dos direitos individuais homogêneos

Abstract

The present work has as objective to analyze and to study the systematics of the Brazilian collective civil process, specifically as regards the execution of the protection of homogeneous individual rights. In order to introduce this analysis, basic concepts regarding the collective process will be presented, as well as, after this setting with the theme will be discussed the problem involving the Judiciary, the enlargement to its access, its tardiness and even a possible lack of effectiveness. After this initial approach, homogeneous diffuse, collective and individual interests or rights will be properly discussed, bringing the definition of each type of right, its characteristics and particularity that make them capable of justifying the differentiation between these types of interests or rights . After this preliminary analysis will be developed the main theme of the work, which is the execution of homogeneous individual law, and the normative structure of the execution of these rights is presented, as is the settlement of the sentence handed down from the collective process that protects individual homogeneous rights, as well as its execution itself. There will also be a differentiation and conceptualization on the form and particularities regarding the execution of the liquidated sentence that has as purpose the payment of certain amount, with the execution of the sentence settled for the execution of specific obligation or obtaining equivalent practical result. It will be presented those who are legitimated to carry out the execution of the liquidated sentence, presenting some questions, such as whether there is legal preference among the individual or collective legitimates at the time of execution of the liquidated sentence. 9 It will also deal with the issue of competence to execute the execution of the award for the satisfaction of individual homogeneous rights