THE APPLICABILITY OF THE INCIDENT OF RESOLUTION OF REPETITIVE DEMANDS UNDER THE BRAZILIAN CODE OF CIVIL PROCEDURE

Abstract

The incident for the resolution of repetitive demands is a procedural incident that can be instituted whenever there is a repetition of a certain controversy of law in several cases, putting at risk the offense to isonomy and legal certainty by the multiplicity of different decisions on the same subject. Thus, the IRDR is proposed to minimize the impact of a significant increase in the number of cases pending before the judiciary, in order to guarantee legal certainty and the swift and equitable handling of litigation. The aim is therefore to verify the outcome of the IRDR through its application, seeking to ascertain the positive and negative results of its applicability. To this end, its general aspects, guiding principles, concepts and procedures will be examined, as well as analyzing the implementation and improvement of the application of the IRDR as an adaptive response to the growing complexity of the Brazilian legal system and the overcrowding of the judiciary. Therefore, the research method is bibliographical with an exploratory nature and deductive approach, using theses, articles, monographs, legislation and case law already published as a basis, which allowed us to seek information about the problem, obtaining the expected results regarding the possibility of the judgment of repetitive processes being a beneficial initiative and of great benefit to society as a whole, since the principles of legal certainty, isonomy and reasonable duration of the process are made effective.