A gestão de conflitos, problemas e insatisfações sociais e a teoria dos processos por quesitos na tutela coletiva: percepção dos quesitos “quem” e “como”

Abstract

This research focuses on the study of the management of conflicts, problems and social dissatisfactions, in class-actions and colletive procedures in Brazil, by the theory of processes by questions, whose main focus lies in the questions who and how, respectively the study of legitimacy and the procedures, necessary for a proposal to implement fundamental rights. Conflicts, present in all manifestations of life, deserve adequate treatment that seeks to accommodate human needs and rationally defensible desires. In the procedural scope, it is known that the collective process is marked by the conglomeration of different procedural actors and, for this reason, in favor of dialogue, it is of paramount importance, impact and collective value, that collective protection aims at the gradual return to self-protection, embracing these methods of promoting dialogue, and enables the protagonism of the subjects involved through adequate representation, instrumentalized in procedural instruments led by answers to the procedures by asking questions. Given this, the objective pursued is to define to what extent the collective process can be faced effectively, satisfying human needs and curbing conflicts through procedural management intermediated by the theory of processes by issues, defending the effectiveness of a dialogical instrument. The research used the hypothetical-deductive method, with a qualitative approach, of the bibliographic and documentary type.