Multi-door justice and adequate constitutional protection: Self-composition in collective rights

Abstract

The search of adequate, timely and effective protection of rights requires the adaptation of access to protection, moving from an adjudicated state justice, which has as the sole purpose of the justice model the application of objective law, to application of a justice of coexistence, a mending justice. New forms of justice access emerge: justice becomes multi-door justice. In the collective process, it is not possible to waive the right on which the collective action is based, cause the collective plaintiff is not the right holder, but the group; it is possible, in Brazil, self-composition in the collective process. The self-composition will have more rigorous limits, since the negotiation has no participation of the right holders. The article develops the theme of collective selfcomposition through the elucidation of self-composition institutes applied to the collective process.