Dos incidentes de assunção de competência e de resolução de demandas repetitivas: IAC e IRDR

• Autor(a) principal: Nesteruk, Patrícia de Mello Dias Gourmand
• Data de Publicação: 2017
• 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/35279
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; IAC; IRDR

The contingency of litigation in the Judiciary has been sought by several developed and developing countries, especially by those who adopt the democratic regime. The increase in population, combined with access to information and facilitation of access to the Judiciary itself, although they can not be considered as preponderant factors, certainly have a considerable contribution to the congestion of the demands that are in it. This paper presents an analysis of two institutes that, with no correspondence in CPC/1973, namely the incident of assumption of competence and the incident of resolution of repetitive demands, have as normative objective to guarantee the stability, integrity and coherence of the jurisprudence of the Tribunals, and, consequently, isonomic and expeditious treatment for those who seek judicial services. The study is based on the first publications that came out after the edition of Law 13,105, of March 16, 2015, that established the New Code of Civil Procedure. It is possible to verify the existence of institutes similar to these new ones, all with the clear objective of optimizing the works of the law enforcer. The research revealed that the incident of assumption of competence and the incident of resolution of repetitive demands are fully apt to achieve the objectives for which they were idealized, although there are some questions in the doctrine about provisions in the new law