Title: \'Actio Popularis\' no Direito Romano e sua recepção no Direito Brasileiro
Abstract:The present paper analyses the actio popularis in the Roman law, searching to highlight its most relevant aspects, in order to understand this action, that is an exception to the roman principle conta...The present paper analyses the actio popularis in the Roman law, searching to highlight its most relevant aspects, in order to understand this action, that is an exception to the roman principle contained in D. 44.7.51, which enunciates that the action is not different from the right to pursue in court everything that is owned by us, because the action popularis is granted to any member of the folk, regardless any personal interest, to promote an action aiming to protect public interests.The different conception of the dichotomy 'publicprivate', that the ancients and moderns have, hampers the comprehension of the actio popularis truly nature in Roman law.Notwithstanding the difficulty to understand the action popularis legal nature, it is undeniable that this action, since its origins, is born as an instrument granted to the civis in such a way that he could actively participate in the management of public affairs.The last part of this paper deals with the reception of the action popularis in modern legal orders, particularly in the Brazilian legal order, trying to emphasize the continuity elements, which can justify a 'validity' of Roman law in the legal orders that make part of the Roman-Germanic jurisdiction.Read More