Incidente de resolução de demandas repetitivas: instrumento de tutela coletiva de direitos.

Abstract

Before the need for legal instruments for protection of the mass demands present in current Brazilian society , the Bill of the New Brazilian Civil Procedure Code created the Resolution incident of Repetitive Demands , mechanism of collective protection of rights. The purpose of this research is aimed to better understand such Office and understand its goals and solve its applicability to mass, from the analysis of the general aspects of the incident, along the lines of its regulations in the draft of the new code, specifically in Chapter VII, provided in the Articles 895 to Article 906, as well as its procedure, explaining its origin, its procedure, so that the institute can become aware of and therefore best be operationalized. We conducted a descriptive study using the deductive method, based on a review and analysis of case law of higher courts and legislation, particularly the text of the Bill of the New Code of Civil Procedure. Furthermore, we carried out the study of comparative law, notably the German law, through the Office deanalise doMustervefahren. Because of this research, it was found that the New Code continued with the individualistic nature of the current and the incident was the only modification related to the protection of collective rights, because, like German-based institute, the choice of an objective demand paradigm, so that the reasons for the decision which were made are applied to similar demands, producing uniformity of law enforcement and decrease the volume of cases reaching the courts. The effects of the incident will be best seen when the same is in force in the legal system, given that some aspects are not properly regulated in the Bill.