O tratamento adequado dos conflitos de interesse público no direito brasileiro

Abstract

Public interest litigation must properly be regarded. This article aims to demonstrate some problems that arise from the application of traditional procedural techniques to public litigation –concerning public, diffuse and/or collective interests–. Departing from the notions of structural reform originated in the case Brown vs. Board of Education of Topeka, this paper will present two emblematic brazilian cases that could be considered as structural processes by the Judiciary. The paper concludes with some notes on participation and effectiveness, both guarantees that provides a suitable basis to address public interest litigation.