Processo estrutural: efetividade da tutela coletiva de direitos difusos e coletivos

Abstract

The aim of this paper is to understand the typology of strutuctural problems and their incidence in the social, environmental, political, legal, and economic spheres, based on an analysis of the establishment of structural procedure. This serves as a basis for discussing the reasons why this procedural mechanism tends to become increasingly effective in ensuring the protection of collective rights. Through a doctrinal, jurisprudential, and normative analysis of the regulations currently in force, the paper seeks to highlight the peculiarities of structural litigation in contrast with the traditional procedural logic, as well as the need to improve its conceptual framework. Certain situations of structural nonconformity require procedurally adequate mechanisms tailored to their specificities and a differentiated approach by the Judiciary, as they do not fit within traditional procedural techniques. The development of the subject concerning these complex issues, which in the past persisted over time and recurrently reemerged, becomes a matter of profound debates that result in the construction of genuine, lasting solutions that safeguard fundamental rights, in compliance with the constitutional principles binding upon the Brazilian State.