Brief considerations on the microsystem for judging repetitive cases in the 2015 Code of Civil Procedure

Abstract

The microsystem of repetitive cases was created with the intention of providing greater rationality and legal certainty in the treatment of mass litigation. The growth of society and the globalization of social relations brought about an intensification of conflicts and a resounding increase in mass demands. This transformation of society has even more overloaded the already overwhelmed Judiciary, given the filing of numerous identical cases pending judgment. On the other hand, much is called for the reasonable duration of the process and means that guarantee the speed of its processing, legal certainty and equality of judgments, basic principles of the Federal Constitution. The 2015 Code of Civil Procedure adopted modern and up-to-date institutes for conflict resolution and judicial protection adequate to the Constitution of the Republic, by favoring the principles of equality and legal certainty. In this context, Law n. 13.105/2015 introduced in the Brazilian procedural legal system, a microsystem for the judgment of repetitive causes, composed of the Incident of Resolution of Repetitive Claim (IRDR) and the Special and Extraordinary Repetitive Appeals, with the objective of granting isonomic treatment to the judicial demands that deal with the same question of law, greater speed and legal security for mass trials. The objective of this article is to demonstrate that the microsystem of repetitive appeals has the ability to guarantee greater legal certainty and uniformity of treatment by rationalizing the judgment of mass demands. From another angle, register that the debate is essential for the improvement of the system in order to guarantee that other principles, no less important, such as free access to the judiciary, functional independence and tripartition of powers, are also observed.