Banca de QUALIFICAÇÃO: LUCAS JOSÉ BEZERRA PINTO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUCAS JOSÉ BEZERRA PINTO
DATE: 11/03/2024
TIME: 10:00
LOCAL: Sala 1
TITLE:

Class actions and repetitive cases: their interactions and reconstructions in facing litigation

KEY WORDS:

Class action. Repetitive cases. Litigation. Procedural systematic limits. Connections between techniques. Integrative collectivization model.

PAGES: 269
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Since the massification and homogenization of social and legal relations in contemporary era, which triggered the “explosion of litigation” and the “crisis of the justice” currently experienced in jurisdiction, the civil process has in recent years passed by movements of reflection and reconstruction. In Brazilian law, these adaptations and refinements were structurally consolidated in the procedural microsystems of class actions and repetitive cases. They, although share a similar background and technical confluences, did not receive from the 2015 Brazilian Code of Civil Procedure a standardization that established a clear dialogue between their institutes, hiding the virtual interrelations existing between those models. Following this problematic, this work explores these potential interactions, starting not from procedural institutes of positive law (homogeneous individual rights and repetitive cases), but from the phenomenon that precedes them (social conflict, cases and litigation). In this sense, before considering the appropriate procedural formats, the collective and repetitive phenomenon is investigated, reconstructing, after that, the current and potential intra-procedural relationships between them. Based on the hypothesis that the insufficiencies of the microsystem of repetitive cases can be mitigated by class actions, especially from the perspective of the underlying conflict, this research adopts several methodological fronts to investigate it. It uses documentary-bibliographic means (laws, doctrine and jurisprudence), in a descriptive perspective, to contextualize the state of affairs; a problematizing and exploratory approach (case study and data collection) on the limits of the system for judging repetitive cases and in the construction of assumptions for approximating models (ontological, sociological-finalistic and logical-systematic); and a qualitative and quantitative analyzes of these statistics that are interpreted using the deductive method to draw some conclusions. Finally, from this, the possibility of an open and communicative system (based os collective and repetitive techniques) is explored to face not only jurisdiction cases, but also the underlying litigation, following the ideia of an integrative collectivization model.

COMMITTEE MEMBERS:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Interno - 1675264 - RICARDO TINOCO DE GOES