Atividade prelibatória no processo coletivo estrutural e o diagnóstico probatório complexo na fase extrajudicial

Abstract

Social disputes are often characterized by complexity and conflict, such as the reformulation or implementation of public policies on a large scale. This context is concerned for all Branches (executive, legislative and judiciary) which, together, have the duty to adapt their role to the social desires, through out and all over the way to democratization in access to justice. The diagnosis of these facts, within the trial or before, demands a differentiated expertise in the multiverse of initial disclosures, involving the demonstration of the capacity of the solution proposed or already brought by plaintiffs, in direct and indirect benefit of groups and subgroups. This dissertation addresses the claims and idiosyncrasies of evidence’s issues in complex litigation. This pretrial procedures system may have different conceptions and characteristics, as well it is determined to polysemic cases in structural and public interest litigation, including regular class actions, eventually. It argues about the comprehension of this new evidence guidelines in pretrial discovery, especially complex social disputes, normally brought to court in a class action. The hypothesis is related to the success of precertification management in Brazil and others aspects of evidence admitted in complex trials. Parties must be able to reach pretrial discovery at a scenario of dysfunctionality and polycentric pleadings, normally observed in situations of great social repercussion. Thus, it is necessary to deal with accountability and adequacy of representation regarding the fairly interests of the group, especially when it struggles for effective judgment that requires exceptional efforts, creative measures and clever strategies.