ACTIONES POPULARES IN ROMAN LAW IN PARALLEL WITH POPULAR ACTION IN BRAZILIAN LAW: A PROPOSAL FOR A PERSPECTIVE BETWEEN PUBLIC AND PRIVATE FOR THE PROTECTION OF PROPERTY
The article examines the evolution of popular action from its origins in Roman Law to its application in contemporary Brazil. Initially, it investigates whether, in Roman Law, there was a distinction between public and private interests as we understand them today and what the function of popular ac...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Institución: | Universidade Presbiteriana Mackenzie (UPM) |
| Repositorio: | Revista Direito Mackenzie |
| Idioma: | portugués inglés |
| OAI Identifier: | oai:ojs.editorarevistas.mackenzie.br:article/17349 |
| Acceso en línea: | https://editorarevistas.mackenzie.br/index.php/rmd/article/view/17349 |
| Access Level: | acceso abierto |
| Palabra clave: | Ação popular. Interesse privado. Interesse público. Actiones populares. Private interest. Public interest. |
| Sumario: | The article examines the evolution of popular action from its origins in Roman Law to its application in contemporary Brazil. Initially, it investigates whether, in Roman Law, there was a distinction between public and private interests as we understand them today and what the function of popular action was at that time. In present-day Brazil, the study focuses on the relationship between the State and the individual, analyzing popular action through qualitative empirical research and evaluating the cases and possible benefits for the plaintiffs. It concludes that, in Roman Law, the lack of distinction between public and private law resulted in popular actions that encompassed both aspects. Today, even with a clearer separation between public and private, a gray area persists that may question the relevance of this duality, following Kelsen’s critique on the subject. |
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