A Ação Civil Pública como instrumento de (des)acesso de grupos vulneráveis à justiça

uma revisão bibliográfica sobre o tema

Abstract

The present article aims to conduct a literature review on public civil action, with particular emphasis on its role as an instrument of collective protection and the promotion of access to justice. The analysis is based on the Brazilian legislative context, marked by the enactment of Law No. 7,347/1985, the expansion of the collective procedural microsystem through the Consumer Protection Code, and the specific provisions introduced by the 2015 Code of Civil Procedure. By systematizing articles published in academic journals, the study seeks to investigate the normative and practical limitations of public civil action, highlighting issues such as standing to sue, adequate representation, and the participation of represented groups in collective proceedings. In light of this, the study concludes that although public civil action represents a significant advancement in the protection of collective, diffuse, and homogeneous individual rights, its application still lacks effectiveness, particularly when it comes to defending the interests of vulnerable groups. Therefore, by employing bibliographic and documentary research methods, it is possible to observe a growing body of studies on the subject, which are essential to fostering a rethinking of the structure and application of the Brazilian collective procedural system, with the aim of ensuring broad and effective access to justice for vulnerable groups, as well as adequate judicial protection of their interests.