Current procedural law of social groups: between judicial activism and the procedural safeguards

• Autor(a) principal: Guedes, Jefferson Carús
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/3135
• topic: Direito Processual Social; Ativismo Judicial; Garantismo Processual; Direito Processual de Grupos Sociais

This article seeks to discuss the so-called procedural law of social groups, especially its categorization between judicial activism and procedural safegurads. In 2006 we had already dealt with the existence of a “social procedural law” or “procedural law of social groups” to guide the debate over certain areas of civil procedure that can or should be given differential treatment of procedural rules and, in general, only as a reflection of differences arising from the substantial law. What seems sometimes that it is a kind of resurrected old themes, discussing the current procedural safeguards and judicial activism. It is understood that there may be authoritarian norms in democratic regimes, and democratic norms in authoritarian regimes. Think about universal rules does not make much sense in Brazil anymore, today, when we want an ever more “customized” or proper guardianship process desired by the people. Rebalance the litigants with procedural rules, when (and if needed), can be a state task to grant civil rights, whether by procedural compensation to some kind of litigants: poor or disadvantaged, black, beneficiaries of social insurance, adolescents in risk situation, indigenous, women, farmers, displaced by disasters, homosexuals and other minorities, refugees, prisoners, immigrants, unemployed, sick people, injured, microentrepreneurs; landless poor. But beyond that, no more safeguard the rights of these individuals or groups of individuals, but as people and people as well recognized by the procedural technique.