Necessary jointer of plaintiffs on the knowledge civil process

Abstract

It studies and analysis, in the Brazilian civil suit law, the necessary active joint action. It is about basic notions of the civil suit law and of the institute of the joint action, for a better understanding of the theme. Starting from foreseen situations both for the law and for the casuistry, which demand the formation of that joint-action species, it tries to solve the problem of the integration of the obdurate joinder to the procedural relationship. Considering the collision among the constitutional principles of the freedom and of the access to the justice, it enumerates the doctrinaire positioning on such subject, summarized in the negativist and positivists theses. It aims the summons as the mechanism that will integrate into the process the obdurate joinder, seeking a regular and useful demand. It lists and it systematizes the reflexes originated from that integration, mentioning its main aspects and it concludes that the practice demands the confronting of the problem for the improvement of the jurisdictional procedure in the civil process of congnizance.