The incident of repetitive demands resolution in the small claims courts system

• Grant number: 18/10809-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2019
• End date: December 31, 2019
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Camilo Zufelato
• Grantee: Gustavo Tavares de Oliveira Borges
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The research claims to make an analysis about the Incident the Resolution the Demands Repetitive - IRDR (Incident of Repetitive Demands' Resolution) manifestations in the Judges Specials' System (Small Claims Courts' System), in special about the incidents raised in Judges Specials' proceedings and the application of the fixed thesis in these proceedings. The study begins with the relation between the civil procedural law institute and the jurisprudence understanding about the autonomy of the Judges Specials. Being an autonomous system, without submission to the Tribunals de Justice and the Tribunals Regionals Federals, jurisprudential and doctrine divergences emerges about the IRDR application for the Judges Specials' system. While the Judges Specials' jurisdiction is understanding as an autonomous part of the Brazilian Justice, the art. 985, I, of the Coding de Process Civil, that define the compulsory application of the thesis fixed by Tribunal de Justice and the Tribunal Regional Federal to the decisions uttered in the Judges Specials, it is constituted improper interference between that two sides of Brazilian justice system. In the same way, are the interpretation about the art. 978, paragraph single, of the Coding de Process Civil, stablishing the existence of a process waiting to be judged in the Tribunal as an exigency for the incident admission, and the understanding about the IRDR raising from the Judges Specials' proceedings. However, deny the IRDR application in the Judges Specials may produce divergent decisions for the Brazilian Judiciary. Considering it, this research will make an analysis about the nexus between IRDR and the Judges Specials' System.