This article attempts to project a new focus on the exercise and tutelage of rights, reviews the categories of (representative) Modernity and projects the recuperation of collectivity in a post-modern (participative) paradigm. The starting point, in methodological terms, is the classic Roman model of process and direct democracy. And, along those lines, to contribute to the development of the post-modern participative republic foreseen in CRFB/1988, the authors identify the participative legislative, administrative and judicial processes and establish a distinction, between diffuse interests (inappropriate collectivity) and collective interest.