LEGITIMIDADE DO MINISTÉRIO PÚBLICO DO TRABALHO NA AÇÃO CIVIL PÚBLICA QUE TUTELA DIREITOS INDIVIDUAIS HOMOGÊNEOS

Abstract

This article investigates the complex issue of the active legitimacy of the Public Ministry of Labor (MPT) to act on demands that involve the protection of homogeneous individual rights, based on the Federal Constitution of 1988 and the Consumer Protection Code of 1990. The work highlights the essential role of the MPT in defending the legal order and transindividual interests, operating through civil inquiries and public civil actions. We face the challenge of delegitimizing their actions, especially when it comes to rights that, despite affecting individuals in a similar way, are often confused with purely individual rights. The study addresses the differentiation between homogeneous and heterogeneous individual rights, highlighting the issue surrounding their collective protection by the MPT. The research aims to elucidate the reasons that support or refute the legitimacy of the MPT in such cases, examining the evolution of meta-individual rights in the Labor Court, the characteristics of homogeneous individual rights and the history of public civil action as an instrument to defend these rights. . Judicial precedents favorable and contrary to the MPT's actions will be analyzed, seeking to identify the main obstacles and points of convergence in judicial decisions. The methodology adopted includes a systematic literature review, bibliographical, documentary and descriptive research, with the aim of providing a constructive interpretation and achieving a comprehensive understanding of the topic. The research aims to contribute significantly to the debate on the legitimacy and limits of the role of the Public Ministry of Labor in protecting rights that, although individually experienced, emanate from a common origin and have a relevant collective impact.