RIGHT TO SELF-EXCLUSION IN THE TRIAL OF REPETITIVE CASES: HARMONIZING MANAGEMENT AND ACCESS TO JUSTICE
Name: RODRIGO DE PAULA GARCIA CAIXETA
Publication date: 18/10/2023
Examining board:
Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor |
Summary: Based on the methodological perspective of access to justice, the research analyzeshow the unique strategic capacity of habitual litigants enhances the manipulation ofthe system for resolving repetitive cases. Describing the general reasons for thecongestion of Brazilian Justice, it was verified that institutional attempts to solve theproblem are based on partial diagnoses, affirmations of a supposed abuse ofdemands from the Brazilian population. Hence, they end up rewarding turpitude, bycreating mass process management techniques in which the best performers arethose who, in origin, generate the congestion: the big litigants, who do not complywith citizenship rights. After verifying that contemporary constitutionalism, althoughpermeated by the centrality of collective and diffuse rights, continues to prioritize theprotection of individual rights, it proposes that the system for resolving repetitivecases opens up to the right to self-exclusion (right to opt out), present in othersources of comparative law. To this end, the precepts relating to the automaticsuspension of processes, by the simple establishment of IRDR, repetitive appeals orby the recognition of general repercussions in extraordinary appeals, must bedeclared partially null and void without reducing the text, making them inapplicableagainst the authors of processes individuals who choose to pursue their demands.The recognition of this right tends not to ruin the managerial concerns of the Judiciary,given that the proportion of individuals who exercise it around the world is small.However, the simple possibility of it being exercised would constitute a factor inrebalancing the procedural relationship, controlling the arrogance of major litigants.Keywords: collective actions; repetitive cases; right to opt out.
