THE PRINCIPLE OF ADEQUATE JURISDICTION IN PUBLIC CIVIL ACTION AND THE GUARANTEE OF ACCESS TO JUSTICE IN THE INDIVIDUAL PROTECTION OF PERSONALITY RIGHTS

Abstract

This article aims to analyze the public civil action procedure and the principle of adequate jurisdiction, since in the occurrence of collective damage of national or regional scope, the legislator has departed from the rule of absolute jurisdiction brought by the Public Civil Action Law and created a situation of concurrent jurisdiction – and, consequently, of legal uncertainty. It is, therefore, a current and relevant theme, since mass conflicts are increasingly recurrent in society and, although this mechanism aims to protect a collectivity, it should be noted that the collectivity is composed of people in their individuality, who are intimately affected by these violations. The deductive method will be used to reach the desired result, starting with the analysis of the public civil action in its characteristics to the particularities of its competence and the individual's personality rights, for that, a bibliographical and jurisprudential research is necessary, because the theme studied here is directly impacted by the decisions of the Brazilian Courts, which demonstrates, therefore, its interference in the right of access to justice.