A CONTRIBUIÇÃO DO INCIDENTE DE RESOLUÇÃO DE DEMANDAS REPETITIVAS PARA A SEGURANÇA JURÍDICA E A APLICAÇÃO UNIFORME DO DIREITO

Abstract

The development of society in recent times has led to high litigation rates, many of them repetitive. As a result, procedural law had to adapt to this new reality to address these mass demands. With the enactment of the 2015 Code of Civil Procedure, the legislator created and/or improved various procedural instruments, among which is the Incident of Resolution of Repetitive Claims (IRDR), introduced by the new Code to standardize judicial decisions, ensuring legal certainty, equality, and procedural speed. Based on the legal thesis established in the incident, the understanding set forth in the ruling will apply to all cases that are pending or will be filed within the jurisdiction of the court that decided the matter. This research analyzes the socio-legal context that led to the creation of the IRDR, its effective contribution to resolving mass litigation by ensuring uniform application of the law, and the resulting legal certainty, equality, and efficiency. This study examines the requirements for initiating an IRDR, the procedural steps involved, the effects, and the scope of the legal thesis established by the court. Additionally, it presents the results obtained since its introduction, including its implementation, judgments, and the impact of its decisions on cases involving the same legal issue.