A concepção contemporânea de cidadão e a exigência de título de eleitor para propositura da ação popular

Abstract

This paper has analysed the active legitimacy in citizen class action. It has recognized this action as a fundamental guarantee and also recognizes its protected objects as fundamental ights. The Constitution has conferred the citizen legitimacy to propose this class action. The aw 4.717/1965 regulates, in the infraconstitutional plan, the citizen class action and considers as citizen any bearer of vote register. After analysis of the Constitution and the Democratic State paradigm adopted by it, it is concluded that the law which regulates the citizen class ction, in that particular point, was not received. The conception of citizenship is broad and inclusive. Any person may file a citizen class action. The foreigner as well, as long as is presents thematic pertinence of the intended object and its status as an alien.