Tutela recursal plurindividual no Brasil: formulação, natureza, regime jurídico, efeitos

Abstract

The main objective of this thesis is analyzing the technique of repetitive extraordinary and especial appeals trial, herein called plurindividual appeal relief, introduced in the Brazilian civil procedural system by the Acts 11.418, passed in 2006, and 11.472, passed in 2008, which added, respectively, the articles 543-B and 543-C to the Brazilian Civil Procedure Code. The plurindividual appeal relief arises in Brazil like a response to the failure of the collective redress and has become an important supplement to ensure the effectiveness of individual homogeneous rights, by structuring dual modeling of procedural instruments for the protection of massive rights. The approach adopted herein followed fundamentally four basic directives: i) I outlined the historical and political transition from the individualistic jusnaturalism to the welfare rights, showing how the new reality fostered the existence of mass litigation and demanded civil procedural law to adapting its techniques; ii) I demonstrated how the civil procedural law was gradually adapted to the new litigation with the arising interest on repetitive demands in Brazil, which led to the formulation of plurindividual relief techniques, which were duly conceptualized and had their main characteristics identified; iii) I compared plurindividual protection techniques currently adopted in Brazil with two relevant experiences of foreign law: the Group Litigation Order, from the UK, and Musterverfahren, from Germany, and pointed to the future trends of these techniques in Brazil, as stated in the draft of the new Code of Civil Procedure, advanced in progress in the Brazilian Congress; iv) the highest analytical effort was focused on the examination of the plurindividual appeal relief, due to the need of extracting from the new technique its dogmatic and theoretic outlines, notably the scope, nature, legal regimen and the effects produced. The result that has been sought in such an effort was to develop a methodical work, based on extensive national and foreign bibliography, thus addressing, with originality and strong theoretical foundations, the still pending question about the legal framework of the repetitive appeals trial