O incidente de resolução de demandas repetitivas e sua (in)aplicabilidade aos juizados especiais cíveis estaduais

Abstract

The present research will seek to analyze the Incident of Resolution of Repetitive Demands, an instrument introduced in our native order in articles 976 to 987 of Law n. 13.105 / 15 (New Code of Civil Procedure). It should be pointed out here that this instrument was incorporated into our system as a fast and efficient means of resolving these mass conflicts, contributing to the construction of a coherent and uniform jurisdictional system, removing the legal uncertainty brought by the jurisprudential divergence. In this sense, the present research will analyze the applicability or not of the institute from processes in process before the Special Civil Courts, starting from the initial positive hypothesis regarding such applicability. But to answer this important question, the present research is developed with the central concern in determining if there is unconstitutionality in the Code of Civil Procedure when predicting the incidence of the legal thesis built from the institute in the special courts.