THE POTENTIAL OF PROCEDURAL MECHANISMS IN COLLECTIVE LITIGATION: REFLECTIONS ON THE EFFECTIVENESS OF THE RIGHT TO HEALTH - DOI: 10.12818/P.0304-2340.2025v86p17

Abstract

The collective rights tutelage is constantly
challenged by the complexity of requests,
the respective instruction and the effects of
decisions or agreements, which demand much
more than awarded and linear solutions. The
article investigates the feasibility and possible
advantages of using procedural transactions
in the context of collective protection, as
a strategy to ensure greater protagonism
to interested parties and co-responsibility
in the conformation of procedures and
implementation of the rights to be guaranteed.
Based on bibliographic and documental
research, the limitations of the traditional civil
procedure for the effectiveness of collective
and individual rights are outlined and the
characteristics of the procedural legal business
are examined. Subsequently, based on real
cases on the protection of the right to health,
the benefits that can be obtained in the preprocedural,
procedural and execution phases
of lawsuits are identified, indicating, at the
end, possible paths for a greater use of the institute.

KEYWORDS: Procedure Bargain; Collective
Rights Tutelage; Effectiveness; Right to Selfdetermination