Resolution of mass conflict: a comparative study of collective actions with the incident resolution provided repetitive demands on the New Code of Civil Procedure

• Grant number: 15/00300-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: June 01, 2015
• End date: May 31, 2016
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Georges Abboud
• Grantee: Luis Eduardo Simplicio de Lima
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This project has as main objective to make a comparative study between two mechanisms of mass conflict resolution: the collective actions that oversee the homogeneous individual rights and the incident resolution repetitive demands on the new CPC. This work is divided into three parts, the first part will be fully dedicated to the study of the fundamental theoretical aspects of collective actions and the jurisprudence of STF and STJ more relevant about the theme. Also in this first part will be studied the concept of homogeneous individual rights and aspects of their protection through collective actions. The second part will be the analysis of Repetitive demands of resolution of this incident in the final text of CPC adopted in revising stage, showing the common features to its inspiration Institute (Musterverfahren), his role in the prevention of repetitive demands that plague Judiciary. In the third part will present the main objective of this work: a comparison of collective action with the incident Repetitive demands resolution. This chapter will consist of the comparative analysis of the two procedural institutes as is its legitimation of action; court's competence to judge; with limited territorial validity of decisions of collective actions and the binding effect of IRDR and finally analyze the violation of the adversarial principle and IRDR action of law. In this way, we intend to do a study based on literature review, legislation and case law in order to get the theoretical material of the objectives pursued by solid doctrinal and jurisprudential research. Use will be the comparative method for the preparation of the objectives of the present work.