Incidente de resolução de demandas repetitivas: a interpretação provisória como alternativa ao sobrestamento das demandas repetitivas

Abstract

This paper seeks to determine whether there are effectiveness flaws in the Incident of Resolution of Repetitive Claims (IRDR) system and to identify to which extent the procedural guarantees and the theories of legal security and effective duration of the proceedings communicate to ensure the satisfaction of material and procedural rights in cases that have been stayed due to the need to establish a single legal thesis to resolve identical questions of law that have been repeatedly submitted to the Brazilian courts. As an alternative to staying the affected proceedings, it is also intended to address the possibility (or not) of granting an injunctive solution to the lawsuits that, due to the suspension, run the risk of losing their respective objects. Therefore, initially, the study will focus on the concept of repetitive claims, the origin of mass litigation resolution techniques in the world and their influence on the formation of the Brazilian procedural microsystem of differentiated mechanisms for resolution of repetitive claims. Then, the IRDR institute will be addressed to, finally, investigate the possibility (or not) of applying am injunctive solution to the proceedings stayed due to their affectation by the incident