A legitimidade extraordinária ativa negocial na tutela coletiva

Abstract

This research aims to rethink the institute of active legitimacy in collective process, questioning the possibility of procedural negotiation about active legitimacy in collective tutelage. It is a theme that seeks to investigate the eagerness pursued by the current Brazilian procedural system: the capacity for collaboration of all procedural subjects, including those who may become through procedural conventions. For the development of the research, the active legitimacy is critically located in the general theory of process, aiming to demonstrate the need for a dynamic and contemporary perspective on the institute. This is a necessary premise for the assertion that the general clause on atypical procedural agreements, provided for in art. 190 of the CPC, combined with the wording change of the term "law" to "legal order" in art. 18 of the Code, allows for a procedural agreement that deals with active legitimacy, including in collective process. Considering this context, as well as the guidelines regarding atypical procedural agreements, we seek to create the support to test the central hypothesis placed in this research, which refers to the possibility of atypical procedural agreement on the active legtimacy, in such a way that does not directly imply the expansion of the legal list of legitimate assets, but only the interpretation of law. This is a hypothesis to be confirmed, not exactly due to the doctrinal and legal interpretation of the legal order, but mainly because the conflicts settled in the context of collectives processes demand a collaborative attitude of the subjects involved endo and extra-procedurally, so that it is understood that the collective process reached a stage of maturity capable of revisiting its basic institutes, in this case, legitimacy. The aim is, therefore, to shed contemporary light on active legitimacy, based on the study of atypical procedural agreements.