Prerrogativas processuais do consumidor com ênfase no exame da efetivação da tutela de interesses individuais homogêneos

• Autor(a) principal: Fragata, Mariângela Sarrubbo
• 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/27403
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Processo civil; Ação coletiva; Coisa julgada coletiva; Liquidação e execução; Fundo Especial de Interesses Difusos; Civil procedure; Class action; Collective Res Judicata; Liquidation and execution; Special Fund of Natural Rights

The consumer’s procedural privileges assured by the Law n. 8.078, from September 11th of 1990, Consumer’s Defense Law, is the central theme from this work. The primal objective is to exam the effectiveness of the guardianship of homogeneous individual interests. To reach this purpose, with the methodological help of a bibliographical research technique, initially, we emphasized the importance of the legal arrangement of the class actions, presenting, in short lines, the integration of the CDC with Law n. 7.347, from July 24th of 1985, the so called Public Civil Action, in specific points that distinguish them from the norm that inspired the legislator to create them, the Rule 23 of the Rules of Civil Procedure from the United States of America, that regulates the Class Action. After, we write about the procedural rules that represent privileges and were idealized in observation with the principle of facilitation of the defense of the consumer’s right and has reflexes on the right to guardianship of the homogeneous individual interests, that nevertheless are protected by the means of divisible class actions, that they are, result on individual liquidation and execution, with the res judicata of the decision. After, it was time to examine the peculiarities related to the legitimacy, to the jurisdiction, to the inversion of the burden of proof, to the third-party intervention, to the possibility to make generical request (that, by consequence, gives cause to a generic judgement) and to the extension of the collective res judicata. In this particular, the attention turned to the Law n. 9.404, from September 11th of 1997, that between other dispositions had the goal to restrict the extension of the res judicata on the territorial limits of the court that delivered the judgement jurisdiction. The exam of each one of these themes, here highlighted, implied on the analyzes of sore points to them related, like the question of the exploitation of the judgement originated by an action filed by an association, by individuals that are not associated, subject that is in analyze by Brazilian Superior Court of Justice, by means of the “Incidente de Resolução de Demandas Repetitivas”, with basis on the article 976 of CPC/2015. On its own chapter, we examined the liquidation and execution of the sentence, on its individual or collective mode, until we reached the moment to make the fluid recovery, that assures the penalty, in the civil sphere, of the supplier, but, in the way that it was regulated, does not assure the repair of the damages suffered by the consumer. In conclusion, we suggest a change on article 100 of the CDC for a better exploitation and effectiveness of the class action that protects homogeneous individual interests