A suspensão de processos nos julgamentos de casos repetitivos: incidente de resolução de demandas repetitivas e recursos repetitivos

Abstract

The institutes of repetitive appeals and incidents of resolution of repetitive demands brought in common the legal determination of the suspension of the processes dependents on the application of the thesis to be determined in the repetitive judgment. The legal determination demands an analysis of the obligation, the integrality or the partiality of the effects of the suspension, the possibility of delegating jurisdiction to determine suspension and application in the small claim courts and in the various branches of law, including criminal, work, and electoral law. The research was based on the analysis of precedents, laws, internal courts regiments, and doctrine, about the suspension of processes determined in repetitive case judgments. The main rules of collective judgment of processes in the comparative law were also analyzed, aiming to study the suspension of processes and the effects resulting from the decision of their determination. It was found that there is no consensus in the doctrine and in the precedents about compulsory, effects, application in the small claim courts, and in the various branches of law. In conclusion, were suggested proposals for the adequacy of suspension orders to the constitutional principles of the reasonable duration of the proceedings, the right to the means guaranteeing speed of proceedings and legal security.