Collective protection of rights for protection of collective rights: from individualism to directive 2020/1828 of the European Union

Abstract

This article has as its theme the collective protection of rights. The objective is to outline an overview of the institute of collective protection in Brazil and perform an interpretation on Directive 2020/1828 of the European Union, comparing European community law and Brazilian law. The research problem is: how do Brazilian law and European community law currently deal with collective protection of rights? é The methodology used had a qualitative approach. The procedure was bibliographical-documentary and the research, regarding its objectives, explanatory. Various methods were applied, such as descriptive, comparative and hermeneutic. The research hypothesis is that the European Union encounters difficulties in the implementation of these guardianships in view of the legislative diversity of the Member States, while Brazil seeks greater effectiveness to what is already standardized. As a result, it was highlighted that collective guardianship is necessary for the realization of rights and an important alternative to privatism. Brazil restructures its collective process, aiming to adapt its sparse laws to the Civil Procedure Code of 2015. In turn, collective protection of rights in the European Union advances and not only develops cooperation between its Member States, but seeks, with the primacy of its norms, adequate protection of collective rights. As final considerations, it is clear that Brazil is undergoing a restructuring of its collective process, adapting its sparse laws to the 2015 Civil Procedure Code, for the adequate protection of collective rights. In Brazil, this institute is combined with the principle of reasonable duration of the process. In Europe, the focus is on bringing uniformity to the various laws of the countries that make up the Union.