INCIDENT OF THE RESOLUTION OF MULTIPLE CLAIMS ON THE SAME POINT OF LAW

Abstract

The Brazilian Code of Civil Procedure of 2015 recognized the need to create an own model for the claims that contain repetitive legal issues when consolidating the judgment of repetitive cases, for which reason it regulated, together with other mechanisms, the incident of the resolution of multiple claims on the same point of law. The Venezuelan legal system, which suffers from the setbacks inherent in mass litigation, does not have a procedure to deal with repetitive matters as it exists in Brazil even when the contentious demands of repetitive issues are common for these legal systems, with the exception that in Brazil they promote procedural mechanisms to grant the rights of their citizens against identity in the claims filed before the courts. The Brazilian experience gained from the Code of Civil Procedure of 2015 with these mechanisms must be observed with attention by legal systems that have to deal with similar circumstances of multiple claims on the same point of law and delays in judicial processes, so that in some way they can inspire necessary reforms in search of positive results for their legal systems, based on the idea of adequate, timely and effective jurisdictional protection of the citizens rights.

Keywords

• civil process
• mass litigation
• repetitive issues
• brazil
• venezuela