Princípio do contraditório no incidente de resolução de demandas repetitivas

• Autor(a) principal: Azevedo, José Nivaldo Souza
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26813
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Incidente; Resolução; Demandas repetitivas; Contraditório; Incident; Resolution; Repetitives demands; Contradictory

The works focuse on presenting the Incident of Resolution of Repetitive Demands, with critical analysis regarding the offense to the principle of contradiction, for this purpose, was used as research material the procedural law itself, the doctrine pertinent to the motherland. It was found that this is a new institute, which has as background to ensure procedural speed, with emphasis on legal certainty and equality, so that this tool focuses on attacking the slowness of jurisdictional provision, certain that the doctrine, so, as jurisprudence reveals that this jurisdictional provision has become slow in view of the enormous range of judicialisation of apple cases that at all times are evicted in the courts of every country, however, it was noted that part of this growing range of judicialisation of claims are cases whose theses have been repeated to themes (thesis) that have already been resolved. Due to this explosion of growth in the judicialization of processes, it was possible to verify that legal security, as well as isonomy, ends up being affected, since a large part of the decisions are controversial, that is, it seems that the judiciary expresses an incommunicable language, more like a "tower of babel" as dichotomous decisions on the same legal thesis have been pronounced every day. Thinking of giving greater efficiency to jurisdictional provision the legislator decides to meet the clamors, and thus included in the content of the code of civil procedure this legal figure called the Incident of Resolution of Repetitive Claims. In view of this, the research was focused on the studies on the contradictory in relation to the procedure in the Incident Resolution of Repetitive Demands, in this make the focus was to know the reasons why the contradictory may be affected, either because the parties to which the processes were suspended ceased to participate in the demand, or because there was not the process of choice between those involved in what concerns the appropriate representative. On the other hand, it was also noted that the way in which the legislator contemplated in the rule the subjects, who have legitimacy to propose the opening of the incident, seems to leave the contradictory vulnerable, since among them it is impossible to know what is the best way out for the choice of the appropriate representative, which is the primordial motto that to some extent could mitigate this anomaly