RIGHT TO OPT-OUT: Análise crítica do instituto e sua necessária limitação.

Taking into consideration the inefficiency of the Judicial Branch in dealing with an endless amount of procedures, the slowness of the jurisdictional response becomes more evident. Therefore, to guarantee the procedural celerity and the access to justice in its substantial dimension, the rationalization of the jurisdicional activity becomes an indispensable point. Considering that the collective tutelage is an instrument capable of reducing the repeated litigation, the microsystem procedure deserves a constant improvement and optimization. Thus, planning on using the benefits that the collective tutelage offer to the judicial system, the article offers an analysis of the right to opt-out, the critics to the institute, and the advocacy of its limitation, highlighting the constitutionality of this eventual restriction.