The structural process in the protection of fundamental rights
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With the valorization of the public interest over the private and the breaking of the ideological construction of an individualistic procedural model brought by the Brazilian Federal Constitution of 1988, a new form of protection and valorization of diffuse and collective rights and interests emerged with the objective of protecting the interests of the collectivity. Considered a still new theme by the Brazilian legal procedural doctrine, little is discussed about the real concepts that involve the structural process and its purpose. The present work analyzes the perception of the structural p...
With the valorization of the public interest over the private and the breaking of the ideological construction of an individualistic procedural model brought by the Brazilian Federal Constitution of 1988, a new form of protection and valorization of diffuse and collective rights and interests emerged with the objective of protecting the interests of the collectivity. Considered a still new theme by the Brazilian legal procedural doctrine, little is discussed about the real concepts that involve the structural process and its purpose. The present work analyzes the perception of the structural process in the juridical doctrine and opens a brief discussion that leads to an understanding of how this important institute of the civil process becomes an instrument of protection to fundamental rights, or at least it should, surpassing the individual interest and reaching meta-individual interests.
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