In the Brazilian legal system, mass conflicts need new normative conceptions, envisioning an order that can effectively resolve differences related to generic social problems, since it is not appropriate to apply in this context the traditional institutes of civil procedure, of an individual character.

Initially, some preliminary issues must be analyzed. The doctrine in general brings the discussion about the semantics of the words: transindividual rights or interests, the which will be analyzed in this study, later the conception of the legal relationship will be taken care of and, finally, the definitions will be analyzed.

The Brazilian legislation uses the word right and interest as synonymous expressions, and the legislator has not brought a better position on the subject.

Rodolfo de Camargo Mancuso conceptualizes collective interest as the synthesis of interests individual components, because at the time the synthesis takes place, the originating individual components they fade away, passing to the secondary plane.

Doctrinally, the use of the expression interest prevails in texts dealing with themes concerning more or less vast contingents of individuals, because the expression right evokes a positive position, attributing a certain situation of advantage to a defined holder, to the whereas the tutelable interests in the collective jurisdiction may perhaps not be foreseen expressly in the order, as long as they are compatible with it. (BLACK, 2007. p. 91/92)

As a main argument, the term right is umbilically linked to the subjectivist aspect and, typically, inserted in the individual plane from the traditional conception of legal relationship. “The idea of ​​subjective right…, dependent on the right-duty binomial, linked to the traditional conception of legal relationship – which must be overcome in order to deal with collective interests”. (BELINETTI, 2005, p. 668)

In this sense, it is the understanding of Professor Luiz Fernando Belinetti (2005, p. 666/667) that brings the following definition of interest: “reciprocity relationship between an individual and a object that corresponds to a particular need of that. For your perfect use in legal science, this idea of ​​a relationship between an entity that experiences a need and one that is capable of satisfying it should be emphasized”.

Timely for the statement that can be extracted from this context that the term interest conceives a notion of coercive will, or not, to fulfill a legal duty in favor of a group of people about an object with undivided utility.