AÇÃO POPULAR: REQUISITO DA LESIVIDADE

Abstract

The popular action was born in the Roman Right and it is known that she appeared firstly in Brazil in the Constitution of the Empire. Your objective was always it of making possible the citizens the defense of the public cattles (public thing). However, a long time already passed from the validity of the Law no. 4.717, of 1965, and still divergences exist today about the need or not of filling out the requirement of the damage so that it is possible the judgement of the popular action. The dissertation looks for exactly to analyze that aspect. For that, three chapters were elaborated: the first brings annotations on the origin of the institute, the concepts of the popular action and of the citizenship, being studied the institute from your origin to the Federal Constitution of 1988. The second chapter approaches several important topics of that institute, standing out the study of the recent decision of the Supreme Brazilian Cut that defined a new competence for the popular action, when it represents as part in the action member of that House. The third chapter treats of the principal object of the dissertation, which is the requirement of the damage. The importance of the choice of the theme can be verified in the final considerations, when several solutions are offered for the gaps of the Law of the Popular Action, as for instance the insert a demonstration judgement, in the molds of that already existent in the Law no. 4.829, of 1992, being avoided the process of popular actions where the requirement of the damage has not been filled out.