A Insuficiência do processo civil individual e do processo coletivo no tratamento do litígio estrutural

Abstract

This article analyzes the shortcomings of traditional civil and collective proceedings in the handling of structural disputes, demonstrating the harm caused by the use of inappropriate procedural methods for this type of conflict. The research uses a deductive-bibliographical method, examining the typology of disputes with an emphasis on Vitorelli's theory of collective disputes, the scientific evolution of civil proceedings, and the historical and conceptual construction of the structural process. The work highlights that traditional procedural models, based on bipolarity and ad hoc solutions, do not meet contemporary social demands, in which conflicts involve multiple actors and diffuse interests, requiring rigorous structural changes. Through the analysis of practical cases4the penitentiary system, daycare spaces, and public health4it is evident that non-structural handling of structural disputes leads to temporary and ineffective solutions, exacerbating social problems and undermining the effectiveness of legal protection. Thus, it is concluded that the adoption of the structural process, characterized by procedural flexibility, broad participation and gradual implementation of measures, is necessary for the adequate protection of structural litigation.