O incidente de resolução de demandas repetitivas no novo código de processo civil

• Autor(a) principal: Assis Filho, Lineu Botta de
• Data de Publicação: 2015
• 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/34736
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Incidente de resolução de demandas repetitivas; Uniformização jurisprudencial; Direito individual homogêneo; Código de processo civil; Repetitive demands resolution incident; Jurisprudence standardization; Homogeneous individual right; Civil procedure code

The presente work is intended to the detailed analysis of a revolutionary and auspicious procedural incidente tha was includes in the New Civil Procedure Code, named by the legislator as Repetitive Demands Resolution Incident, intending to cover, therefore, its source and historical applicability, characteristics, assumptions, procedures and the reasons tha led to its positivation in the new law nº 13.105/2015, still looking for prepare a projection about the use of the reported procedural institute from its expected lifetime. At first, will be accomplished a short reflection about the current prospect of the brazilian judicial system, seeking to understand some of the main reasons that causes the notorious inneficiency of the Judiciary at the appreciation and judgment of the numerous legal actions continually moved throughout the national territory. In a second step, will be contemplated the procedural institutes conceived in the Civil Procedure Code of 1973 that had already contained procedural purposes and similar practise to the repetitive demands resolution incident, passing to the analysis of the foreground of the law nº 13.105/2015 and the respective reasons that persuaded the legislator to idealize the institute in the New Civil Procedure Code. Furthermore, will be made a short illustration of the use of the coletive resolution institutes of mass claims in the comparative law (Germany and England) that inspired the institute in Brazil. Afterward, this work will seek define the legal nature, the pertinence and the procedural legitimacy referent to the incident, with the exhibition of the main newness and peculiarities about this revolutionary procedural institute of the new legislation. In a fourth instance, will be temporized the main attributes of the incident, through of the theoretical and practical analysis of its legal procedure, still verifying the essential requisites and documents of its interposition, the probationary dilation, its judgment, the appropriate resources and the res judicata effectiveness. At last, this work will project the application of the incident since 05/18/2016, the expected date for the validity of the New Civil Procedure Code, evaluating its actual benefits for the Judiciary and for the citizen claimants