Coisa julgada nas ações civis públicas relativas a interesses difusos

Abstract

This study examines the juridical institutions of diffuse interests, the class action and res judicata, seeking to highlight the relevant aspects of each one and those who serve as point of contact between the three topics, as well as to contextualize the problem in the historical the present days. Based on these data, discussed in the light of the doctrine and jurisprudence, as well as U.S. law, it is concluded that, arrived postmodernity, the solid and rigorous institute of res judicata, in the field of common interests and headquarters in the context of class action, not fully meet the needs of judicial protection of fundamental rights, as well as their guarantees sisters (acquired right and perfect juridical act), to the point where courts allocate the claim that no one has the right to purchase pollute. Diffuse interests, on the other hand, involve constitutional rights and especially the fundamental rights of the human person and of humanity itself, such as the right to a healthy environment, defended in court by legitimate entities, seeking to safeguard interests of non individualized people. Considering class action related to discretionary administrative act, the sentence may be in based on opportunity and convenience, making no res judicata. In the case of class action, the objective law should be treated as law, submitting to the revocability, which is consistent with the times of liquid modernity and streets taken by the social body multitude.