The repetitive demands incident resolution under the draft new Code of Brazilian Civil Procedure: analysis, criticism and suggestions

• Grant number: 13/07861-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: December 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Yvete Flávio da Costa
• Grantee: Rafaella Coselli Sborgia
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This study analyzes the repetitive demands of incident resolution, under articles 930-941 of the draft new Code of Brazilian Civil Procedure (PL 8.046/10 which replaced the PLS 166/10). This institute has been studied and discussed by the academic community and is considered, by some, big progress to the speed of the procedure, legal certainty, and effectiveness of judicial review, by fleshing into an instrument of access to justice. However, for others, this incident is unconstitutional for violating the minimum guarantees of due process (contradictory, double jurisdiction, free judicial conviction, among others). Against this background, this study aims to examine how the incident resolution demands repetitive is designed, having as the main scope of comparative law analysis, investigating the major institutes procedural adopted by foreign countries to collectively address the individual repetitive demands, order that, based on the experience already experienced by these countries seek ways to make the incident a tool designed for execution of a fair adjudication, shaped the Brazilian legal reality. Indeed, this study will investigate the German institute, called Musterverfahren, which significantly influenced the paternal incident, the English system (Group Litigation Order), the American model of Class Actions, and adequate representation of class actions, and the Canadian model of Class Actions. (AU)