A coisa julgada no processo coletivo em face do novo código de processo civil

Abstract

The res judicata is generally regulated by the Code of Civil Procedure. General procedural law containing abstract norms concerning individual civil proceedings. However, there is a so-called action class, called collective action, in which the provisions of the Code of Civil Procedure are not applied as a rule, but rather as an exception and specifically when the existing set of rules are silent on a given situation. This set of rules is called the collective protection microsystem and is formed by the Consumer Protection Code, Public Civil Action Law, Writ of Mandamus Law, Popular Action Law, among other rules that regulate the protection of rights and interests. transindividuals. The res judicata is one of the institutes regulated by the collective process microsystem that has a regime different from that generally instituted by the Code of Civil Procedure. However, considering that the Code of Civil Procedure can be applied subsidiarily to the collective protection microsystem, it is certain that the innovations brought with respect to the regime of provisional protection and uniformity of precedents are reflected in the actions that deal with the defense of transindividual interests in court. This paper aims to analyze the effects of these changes in the system of res judicata of judgments and decisions produced in the context of those demands