Coletivização da jurisprudência

• Autor(a) principal: Magueta, Ivete Sant’ana da Silva
• Data de Publicação: 2013
• 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/34399
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Coletivização da jurisprudência; Precedentes jurisprudenciais; Tutela coletiva; Jurisdição; Efetividade; Celeridade; Collectivization of jurisprudence; Precedents; Collective redress; Jurisdiction; Effectiveness; Speed

The present work aims to show the evolution of the jurisdiction in Brazil, about the the approach of the collectivization´s phenomenon of its procedures result in face of the influence of evolutionary movement observed in the globalization world, where the legal systems of operation common law and civil law are together, creating a hybrid system. Highlighting the strengthening of judicial precedents in the conception and harmonization of jurisprudence as a catalyst element for collectivization. Putting this as a need of the contemporary world, during the massification of society and the consequent multiplication of conflicts entailing the “overcrowding” of the judiciary as you have an astronomical volume of demands. I intend to demonstrate the evolutionary trend of processualistic, based on the principles of legal certainty, instrumentality process and due process, whose purpose is to offer a fast and effective jurisdiction. Considering the collectivization of law in a broad sense, subdivided into two groups: in one side is the collective process in itself, and in the other side covering collective aspects of procedural instruments that imply a harmonic law, at the same time that as they confer power binding to its antecedents. In the first study group are outlined: the microsystem of the collective process (CDC, LACP. LAP), the object of collective protection (direct collective broadest sense: collective right, right, diffuse homogeneous individual right), a civil action, the action civil collective action and popular collective of mandamus. The study of the second group will be directed to the analysis of new mechanisms of civil procedure that have the potential to rise to a jurisdiction collective, so that the management of such tools can affect the community, I mean a decision issued under an action individual has the possibility of designing their effects on the legal rights of thousands of people. Will be showed in this category: the prima facie judgment under Article 285 - A of the CPC; precedent precluding appeal; trial of repetitive features in STJ, general repercussion in the extraordinary, and his trial sample.