OIncidente de Resolução de Demandas Repetitivas (IRDR) e Seus Reflexos no Sistema Jurídico do Brasil: Considerações Sobre a Razoável Duração do Processo

Abstract

Society has changed rapidly and people are increasingly seeking quick responses and resolutions to demands. However, the Law does not seem to keep up with this dynamicity. This can be observed with the significant increase in demands proposed to the Judiciary, motivated by the growth of access to justice in Brazil, combined with social changes, resulting in the swelling of the judiciary and harm to the constitutional principle of the reasonable duration of the process. From this scenario, the 2015 Civil Procedure Code (CPC/15) emerged, which brought as one of its innovations the Repetitive Demand Resolution Incident (IRDR), which presents itself as a facilitating tool in the judgment of actions considered to be mass, helping to shorten the duration of the litigation, mitigating the procedural burden to be judged by the competent bodies and seeking to avoid legal uncertainty. It turns out that the application of IRDR currently, considering that it is a recent tool in the Brazilian legal system, still presents flaws in its effectiveness and achievement of its objectives, especially regarding processes suspended during the trial of the incident, which often remain paralyzed for years, without a resolution. Because of this, it is proposed to analyze, through bibliographical and documentary research of related articles, how the IRDR operates in the Brazilian legal scenario, and what the consequences of its adoption, comparing the incident and the principle of reasonable duration of the process, explained in Article 5, LXXVIII of the 1988 Federal Constitution, and of discussions at the doctrinal and legislative level.