Considerations about the homogeneity assumption for the collective protection of individual Rights

Abstract

Art. 8, III, Federal Constitution sets forth the legitimacy extraordinary of the union to assert under judgment the collective and individual rights and interests of the class members representing thereof.
Art. 81, Consumers Protection and Defense Code establishes the collective procedural guardianship in the same intent of individual procedural guardianship, when refers to: “Asserting the consumers and victims interests and rights may be exercised, individually, or collective basis, under judgment.”
Collective actions aimed to the individual rights guardianship are increasingly usual. Homogenous rights are individual subjective rights and are subject to the collective guardianship, just because of the homogeneity presented.
Assertions above, among many others, are particularly explained in the Dr. Estêvão Mallet consideration, which discourses about the homogeneity as purpose for the collective guardianship, exemplified by several real and current examples.