Recursos especiais repetitivos à luz do acesso à justiça: uma análise a partir da perspectiva dos destinatários das teses

Abstract

This dissertation proposes to analyze the effectiveness of access to justice in the systematics of repetitive appeals, as a right to timely judicial protection and according to the perspective of the recipients of the theses. To do so, initially, it deals with access to justice and repetitive litigation, in order to demonstrate the notions considered for the development of the research, in addition to the reasons for the creation of the discussed mechanism. Then, it describes the sampling judgment rite adopted by Brazilian law since the old CPC (1973) and addresses the main points of the current system, improved by the CPC/2015. Finally, it identifies a scenario of slowness in the Superior Court of Justice, in relation to the judgment of appeals representing the repetitive controversy, as well as unfavorable implications for suspended litigants, with the capacity to compromise the achievement of the purposes of optimizing judicial action and speed inherent to the regime in question and the guarantee of access to justice. From this diagnosis, the work seeks to instigate changes and measures aimed at the effective establishment of that mechanism in the foundations of the Brazilian legal system, suggesting some starting points for the discussion of these transforming and necessary measures.