Multi-door Justice and Appropriate Constitutional Protection

Consensual Solutions in Collective Rights

Abstract

The text deals with the multi-door justice for class actions in Brazil. Points out the need to revise certain assumptions, this justice is no longer "alternative", but "appropriate" to the protection of rights. For both intend to propose an amendment in the conception of unavailability of public interest. Unavailability cannot affect the effectiveness of the protection of rights. It also proposes to amend the confidentiality in the consensual solutions, pointing out the need for the intervention of a judge, on the judicial process, the expansion of participation (public hearing and amicus curiae) and the transparency of the negotiations and their outcome. The production of sufficient proof to authorize consensual solutions is a prerequisite for the validity of the agreement in view of the need for informed decision. Advocates, that the protection of constitutional rights needs an adequacy filter of admissibility when regards the consensual solution of collective conflicts.