Name: GUSTAVO SILVA ALVES
Publication date: 16/04/2018
Advisor:
Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
| RODRIGO REIS MAZZEI | Internal Examiner * |
Summary: The present work intends to analyze, specifically, each one of the binding mechanisms to which the group members may be subject and to investigate, later, in which condition and how their coexistence will happen, seeking to establish interpretative and operational guidelines of how the coexistence between these different binding mechanisms should take place, aiming to preserve the due process of law and the protection of rights. In order to do so, it draws up fundamental remarks about what should be considered as a collective redress, how this procedure is structured in brazilian law (class actions and standard-solution procedures) and also prove the existence and importance of the due collective process of law. In addition, legal certainty, stability and binding in civil proceedings will be explored in order to demonstrate that civil procedure guarantees legal certainty and stability through mechanisms that bind the judges and the parties to legal situations and positions that are consolidated with the end of the procedure, which, consequently, generates several binding mechanisms. With regard to the collective redress, it will be analyze all the controversies surrounding the three mechanisms used to bind the members of the group to the content of a decision handed down in a class action, to the standard-solution established in a IRDR or REER or to the ratio decidendi of a precedent formed from the judgment of an IRDR or REER: the secundum eventum litis subjective extension of the collective res iudicata, the binding effect of the standard-solution and the binding effect of the judicial precedent. The research concludes that there will only be coexistence between more than one of the binding mechanisms to which the members of a group are subject, when from the judgment of an IRDR/ REER, the question of law certified in the standard-solution or solved in the ratio decidendi of the precedent is considered prejudicial to the merit question discussed in the class action and, consequently, in the individual actions of the members of the group. At the end, interpretative and operational guidelines are established to assist interpreters and operators of the law, when they face situations in which there is coexistence between the binding mechanisms.
Keywords: Collective Redress. Binding mechanisms. Members of the group. Brazilian class actions. Standard-solution procedures.
