Legitimidade ativa na ação civil pública: um modelo independente de acesso judicial para a tutela de direitos fundamentais

Abstract

The advancement of science and technology in societies in development makes born a diversity of interests whose satisfaction is to be subject to risk prevention and the restoration of damage caused eventually by mass production, environmental pollution, degradation of nature, public services deficit, and others who may to sacrifice the company's present and future generations. The Brazilian Constitution of 1988 guarantees rights and set duties, individuals and collectives, for the realization of the Democratic State of Law, establishing mechanisms and procedures for the judicialization of the collective conflicts and public civil action, governed by the law n.7.347/85 is one of legal instruments of access to Justice with the goal to ensure the protection of fundamental rights can be used by different entities, public and private. Being the Public Ministry the institution which has the power to represent the company and defend the legal order, to its must be ensured sufficient autonomy to pursue the public civil action as a legitimated common. On respect the civil associations representatives of groups and communities in the defense of fundamental rights must be waived the requirement of time defined of its constitution to enter into legal proceedings, as stipulated in Paragraph 4 of art. 5 of these law, because the restriction reduces the scope of the fundamental principle of access to justice. Moreover, should be ensured to the citizen the active title on the public civil action in defense of fundamental social rights, since which is the citizen the representative to demand protection for life worthy of all men.