O procedimento por amostragem dos recursos especiais e extraordinários de caráter repetitivo: análise e proposta de releitura

Abstract

This work has the intent to analyze the Brazilian procedure for model judgments in repetitive claims. The institute, as well as many others, was introduced through legislative reforms that, as it seems, try to reduce the number of claims and give strength to the principle of celerity (also called reasonable duration of the process). But we seek to bring a new understanding to the institute, giving more emphasis to the principles of contradictory (audi alteram partem), plenty of hearing and publicity, which are equally important to a proper development of the procedure. Indeed, the increase of the number and the quality of litigation led the judges to a inability to deal with the workload imposed to them, notably by the repetitive claims. The insertion of foreign legal institutes and the construction of a normative framework aimed to treat the repetitive claims are the two pillars of the fourth methodological phase of the civil procedure, so called reductionist. However, at the same time we try not to remove the aim of the special procedure for model judgments, we will make several suggestions to improve its way of processing, in order to protect the rights of the parties and increase the quality of the discussion in the model-paradigmatic cases, as well to reduce the errors in their application to other identical, but non-paradigmatic cases.