INCIDENT OF SETTLEMENT OF REPETITIOUS CLAIMS: PROJECTIONS AROUND THE EFFICIENCY THEREOF

• Main Author: Guilherme Puchalski Teixeira
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2015-12-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: new code of civil procedure; law 13.105/2015; incident of settlement of repetitious claims; repetitious actions; procedural equality
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/19196/14308

The current scenario is one of clear incompatibility between litigation and the Judiciary's capacity to absorb such demand. The well-known problem of lengthy proceedings is aggravated by lack of predictability of the jurisdiction in the settlement of identical matters of law. In this context, one of the axes of the new Code of Civil Procedure (Law 13,105/2015) consists of valuing precedents with binding effectiveness, among them the incident of settlement of repetitious claims, which is the subject matter of this article. It is one of the major innovations in Brazilian procedural law. The proceeding of this procedural incident is analyzed in full. Its efficiency and usefulness are projected in its purpose of providing greater predictability to the protection of rights.