Formation and application of the IRDR thesis: a case study in the light of the TJSP'S IRDR 3 to proceedings before this court

• Grant number: 20/07988-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2020
• End date: October 31, 2021
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Camilo Zufelato
• Grantee: Maiara Limeira de Melo
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Incident of Resolution of Repetitive Prosecutions ("IRDR") is a procedural instrument which aims to rationalize the legal process of the repetitive actions as well as to form the precedent of mandatory compliance to reinforce the legal certainty through the uniformity of case law.The research has the purpose of analyzing the application, in the legal proceedings judged by São Paulo's Court of Justice, in both trial court and appellate court levels, of the assigned thesis found in the thematic of the third "IRDR". The subject of study has empirical character and the present research is included in the general context of the study group IRDR's Brazilian Observatory, coordinated by the present research advisor. Therefore, it is hopped that the it's results dialog and contribute with new dimentions of the group's research.The start point is the case law analysis, because, knowing which were the fundamentals that validated the IRDR's thesis, it is possible to observe if it is or not being applied to the concrete case. Since the CPC/2015 (article 985) also determines that the fixated juridical's thesis must be applied by all judges and courts, in the State or Region, to the identical pending cases and future procedures, it will be possible to conclude, likewise, if the precedent of mandatory compliance's norm is being respected and, if not, which are the reasons not to.