Remodeling actio nata principle for collective rights in brazilian judicial system

Abstract

This article focuses on the study of the universal principle of Actio Nata
i.e, the right to an efficient demand through a lawsuit. In post modern contextures,
the Environment as a common good and a legal asset implies alterations
and constant revisions of pleadings filed with courts on the grounds
of causes of action. In Brazil, the pursue of a cause of action is firstly
weighted by time barriers, fact that conducts to default judgements when
noncompliance is verified by the court. However, collective goods nourish a diverse comprehension of torts and damages through ideas of risk management and preventive injunctions.
These new concepts address essential matters to the juridical community pertaing to the origins and
notion of a legal claim able to enforce the right sustained. The body text consists of the analysis of national
jurisprudence and procedural instruments concerning the causes of action as well as their connection to the
main goals of precautionary directives when collective rights are at stake. In the end, in view of the spread
of diffuse premises and rights, new perspectives are arisen envisioning a sustainable development and life
safeguarding, through the logical-deductive method.