Incidente de resolução de demandas repetitivas e defensoria pública: análise da técnica processual diferenciada e o imprescindível papel da instituição

Abstract

This article refers to the analysis of the Repetive Claims Resolution Incident, introduced by the New Code of Civil Procedure of 2015, as well as the importance of the role of the Public Defender’s Office in the aforementioned procedural institute. First, it is intended to demonstrate, from biographical research studies and historical analysis, the valuation of judicial precedentes in the Brazilian legal system. Afterwards, we will discuss the technical aspects of the application of the Repetitive Claims Resolution Incidente as a procedural technique for the formation of judicial precedents and the consequent improvement of the jurisdictional provision in Brazil, using this, among other techniques, for the judgment of the mass demands that plague the Judicial power. Therefore, this research reports the outline of the Repetitive Claims Resolution Incidente procedural institute, addressing its main characteristics and synthetically outlining its procedural phases, demonstrating that, while it is a skillful instrument to ensure greater flexibility in the Judiciary in the face of repeated demands, the more vulnerable classes of Society may not have their due representation in the Repetitive Claims Resolution Incidente judgment, wich will link several identical demands, reaching thousands of individuals who did not actually participate in the incidente. Finally, an exploratory approach was used in order to examine the scope of the phenomenon of the Repetitive Claims Resolution Incident and the importance of the role of the Public Defender in the procedural incidente, acting beyond legitimate, as vulnerabilis costs, ensuring respect for fundamental rights of the vulnerable classes, notably with regard to access to justice and providing adequate jurisdictional protection.