Reflexo da formação do precendente na decisão resultante do incidente de resolução de demandas repetitivas à luz do sistema de uniformização de jurisprudência do CPC/15.

Abstract

This research was based on the repercussion in Brazilian doctrine of the institution of mandatory compliance by CPC / 15, focusing on the incident of resolution of repetitive demands. Having said that, it is opportune to affirm the importance of the present academic work by presenting and pondering relevant information on the new scenario of the Brazilian civil process, since it presents a current doctrinal clipping on the subject. Thus, it deals with the conjuncture of mass demands in the midst of extensive and collapsing Brazilian legislation, in the face of the eminent the risk of divergent decisions on the same issue of law. Thus, it is questioned: is the mechanism of resolution of repetitive cases a viable solution to the current scenario of massification of processes or only causes more risks with the possibility of standardization of the decision-making system? From this, it is assumed that the CPC / 15 jurisprudence standardization system has a policy that encourages the convergence of judicial decisions. It is an appeal, made through the current legislation, of obedience to the authority of the courts and the respect of their decisions. The main objective of this study is to contextualize and analyze the scenario of massification and consequent congestion of lawsuits in the Brazilian judiciary, whose policy of uniformity of jurisprudence is proposed as a solution, in view of the incident of resolution of repetitive demands. For this, the reflexes of binding effectiveness in compulsory observation precedents are pointed out and doctrinal positions are discussed, regarding the quantity versus quality of the jurisdictional delivery in the judgment of repetitive cases. For the preparation of the present study we will use the deductive, historical and systematic methods. The procedure will be based on bibliographic research and analysis of books, journals and scientific articles published with an approach on the subject. Finally, it was diagnosed that the trump of the system of uniformity of jurisprudence, especially the micro-system of judgment of repetitive cases, will depend not only on the stimulus forced by the legislation, but, to a large extent, on the work of the legal operators, through the creation of a culture of judicial precedent, since only the legislative option will not suffice for the judicial precedent to be fully implemented.