Os impactos do incidente de resolução de demandas repetitivas na construção do provimento jurisdicional Brasileiro.

Abstract

In contemporary society, the phenomenon of mass litigation or repetitive demand is a perceptible reality, due to the dynamic transformations of a social, economic, legal or political nature that occurred within the community, generating the identity and iteration of legal relations. In this perspective, the phenomenon of mass litigation has caused the instability of the normative-legal order, with the issuance of divergent judicial sentences in the face of cases dealing with the same issue of law, which pose a serious risk to isonomy and legal security. enshrined in the 1988 Constitution of the Federative Republic of Brazil (CRFB / 88) and the discredit of the jurisdictional provision itself. In this antagonistic scenario, the present study has as its study theme to make an analysis of the incident of resolution of repetitive demands (IRDR), instituted by Law No. 13,105 of March 16, 2015, which has as one of its main objectives to make questions of repetitive law can receive the same isonomic treatment from the Judiciary and from the impact of the incident on the construction of the Brazilian jurisdictional provision, provided by the novel institute, referring to bibliographic research on the subject matter of discussion, using, in this way, the deductive method of research. Therefore, the incident of resolution of repetitive demands (IRDR) has as one of its premises to remove the phenomenon of “Lottery Jurisprudence”, which consists of the unpredictability of the judicial decisions made by the organs of the Judiciary, bringing substantial legal uncertainty and a clear violation of the constitutional principle of isonomy. The incident will allow a new way of thinking about the Brazilian Civil Process, a true paradigm break, that is, a microsystem essentially aimed at building a legal thesis to deal with repetitive issues. In this way, the IRDR intended for the judgment of homogeneous issues will privilege not only the effectiveness of the decision, but also the enshrining of the principle of reasonable duration of the process, among others applied to the legal-procedural relationship, as well as the uniformity of the jurisprudence and, mainly , an interpretation of law consistent with the Brazilian jurisdictional system, seeking to avoid incongruence and divergent decisions on the same controversial issue of law raised for judicial analysis.