INCIDENT OF RESOLUTION OF REPETITIVE DEMANDS: GENERAL ASPECTS AND ADMISSIBILITY IN TJDFT, TJSP, TJRJ, TJRS and TJPR

Abstract

Faced with the individual profile printed in the procedural legislation of 1973, the massification of the repetitive individual and collective actions revealed the need to change in its form of rationalization and judgement. For Code of Civil Procedure/ 2015, the problem of solving repetitive claims is to identify and resolve, before the courts, the legal thesis in mass claims. Legitimates or the magistrate will require the admission of the incident and, if accepted, will imply in the suspension of the identical proceedings until the judgment of the subject matter of the controversy. The decision will serve the other cases with the same legal controversy, suspended or future. The objective is to reduce the number of repetitive processes, rationality in the judgment, the preservation of isonomy and the effectiveness of legal security. In addition to the institute collaborating for social pacification, by overcoming the jurisprudential divergence with respect to a certain legal thesis, it is expected that it will avoid repetitive litigation, by the orientation of society and the Public Power regarding the established thesis, adjusting to it the standards behavioral and social.

Keywords

• mass litigation
• new brazilian civil procedure
• incident of resolution of repetitive demands
• admission