Uniformização de Jurisprudência em contencioso de massa nos juizados especiais cíveis

Abstract

This monography has the objective to analyze, from the perspective of mass litigation, the mechanisms of standardization of jurisprudence under the Small Claim Courts. In recent years, with the development of brazilian society, which currently has more means of access to information, and therefore became better knowing their rights, there was a significant increase in the proposed actions, notably the consumerist nature. This has brought disorder to the operation of the system, which is not properly sized to give vent to this demand. The gradual migration of the civil law system to the common law, raised in the force of precedents is an opportunity to provide the existing system of mechanisms to deliver a faster and more secure jurisdictional delivery. For a better understanding of the subject, analyzes, first, the precedent itself. Secondly, we study the existing means of precedent´s aplication in the common procedure and the Small Claims procedure. For last, it examines critically the proposed legislative amendment, establishing a National Class of Standardization of Small Claims Courts State