AS ACTIONES POPULARES NO DIREITO ROMANO EM PARALELO COM A AÇÃO POPULAR NO DIREITO BRASILEIRO: UMA PROPOSTA DE PERSPECTIVA ENTRE O PÚBLICO E O PRIVADO PARA A TUTELA DA PROPRIEDADE

The article examines the evolution of popular action from its origins in Roman Law to its application in contemporary Brazil. Initially, it investigates whether, in Roman Law, there was a distinction between public and private interests as we understand them today and what the function of popular action was at that time. In present-day Brazil, the study focuses on the relationship between the State and the individual, analyzing popular action through qualitative empirical research and evaluating the cases and possible benefits for the plaintiffs. It concludes that, in Roman Law, the lack of distinction between public and private law resulted in popular actions that encompassed both aspects. Today, even with a clearer separation between public and private, a gray area persists that may question the relevance of this duality, following Kelsen’s critique on the subject.