IRDR COMO PROCEDIMENTO-MODELO: A DESSUBJETIVAÇÃO DAS DEMANDAS REPETITIVAS
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Abstract
The present work aims to identify the legal nature of the Brazilian Repetitive Demand Resolution Incident (IRDR), in order to stabilize the understanding regarding the formation of a precedent based on the selection and resolution of a specific concrete case (pilot cause), similar to the method of repetitive appeals, or through an autonomous procedure and disconnected from the judicialized demand (model procedure). The study was developed from a confrontation between Brazilian and German Civil Procedure Law, identifying the concept, the historical origin and the systematization of the precedent system in CPC / 2015. It is concluded, in the end, that, despite numerous legislative flaws and omissions, the IRDR, as a mechanism with binding effects, aims at solving the problem of jurisprudential dispersion faced by the Judiciary, thus being a method different from those previously provided for in the Brazilian law to elucidate individual and subjective conflicts.
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