O incidente de resolução de demandas repetitivas no cpc de 2015: uma análise acerca do Instituto e da sua aplicação no Tribunal de Justiça do Estado do Rio Grande do Sul e no Tribunal Regional Federal da 4ª Região

Abstract

The present paper studies the incident of resolution of repetitive demands, brought by the Code of Civil Procedure of 2015, which has been a new bet of Brazilian law to solve the problem of the repetitive demands that currently has overloaded the judicial system. Inspired by the Musterverfahren of German law, Class Action of US law and the Group Litigation Order of English law, the Brazilian IRDR seeks to resolve disputes of issues solely of law, in order to establish a legal thesis aimed at solving these repetitive demands, in order to guarantee isonomy and legal security to its jurisdictions, aiming at speed and procedural economy, functioning as a true binding precedent of application to pending and future lawsuits that deal with the same legal issue, adjusting the application of the law at the state or regional level where it occurs its establishment, and this effect may be extended nationally, if the thesis signed in the incident is subject to a special or extraordinary appeal to the Superior Court of Justice or the Federal Supreme Court. Based on an empirical analysis of the application of the Institute to the Court of Justice of the State of Rio Grande do Sul and the Federal Regional Court of the 4th Region, it can be seen that this can be considered a useful and effective instrument to solve the problem of litigiousness repetitive in the country, considering the speed with which they are judged and the effective application of the thesis signed to the cases in question.