The class actions as a factor of democratization of the state and of realization of the fundamental rights

Abstract

In this research, was explored a problem related to the following question: would the class actions to be a factor that contributes to the democratization of States and the realization of the fundamental rights? The research aimed to investigate whether democracy is a fundamental right realizable at different levels according to the factual and legal possibilities that exist, and whether the class actions it’s important for her and other fundamental rights. We also sought to analyze which elements are essential to democratic regimes, identifying as such, especially broad and isonomic participation, whose degree of satisfaction varies according to the presence of democratization factors, of which the reduction of categorical inequalities stands out, concluding, based on the deductive method and the technique of bibliographic exploration, that the class actions is a democratization factor based on the reduction of categorical inequalities, closely linked to elements of broad and equal participation.