ESTUDO SOBRE NOVOS MEIOS DE EFETIVIDADE NO PROCESSO COLETIVO PELA ANÁLISE COMPARADA ENTRE O ATUAL ORDENAMENTO JURÍDICO BRASILEIRO E O CÓDIGO MODELO DE PROCESSOS COLETIVOS PARA A IBERO-AMÉRICA.

Abstract

Started in England in the second half of the eighteenth century , the Industrial Revolution gave rise to a radical change in society , giving rise gradually worldwide relations of mass, with the production and distribution of goods and services on a large scale , affecting the lives hundreds , thousands or millions of people, sometimes by a single act or legal fact , highlighting transindividual or collective and hence giving rise to the "second great wave of law" rights , which is the protection of collective rights ( the first wave focused on providing access from " poor " to justice through legal aid ) . This work follows the movement of the " third great wave " , which aims to identify the pitfalls for the effectiveness of collective process , and to achieve this objective should be analyzed: a) proper access to justice , with the delivery of the good life by correct representation of the trust b ) the essential exercise a more active role of the judge and humanized c ) the extension of the concept of res judicata ed ) on the effective coercive means for the proper fulfillment of obligations . To achieve this aim , we build on the innovations brought about by the "Preliminary Draft Model Code of Collective Processes for Ibero - America," written by Brazilian Scholars , in a comparative study with the national legal system , for, through a critical approach delineate problems in national legal system , finally finding answers that solve .