Collective settlement with opt-in binding technique: Efficacies and stabilities of the homologatory decision
Name: RAUL DIAS BORTOLINI
Publication date: 22/05/2025
Examining board:
Name |
Role |
|---|---|
| CARLOS OLIVEIRA GIDI | Examinador Externo |
| EDILSON VITORELLI DINIZ LIMA | Examinador Externo |
| HERMES ZANETI JUNIOR | Presidente |
| MARCELO ABELHA RODRIGUES | Examinador Interno |
Summary: In the context of a networked society, where the formation of collective and mass disputes has become the rule, has become necessary to shift away from traditionally privatist paradigms so that group rights may receive treatment appropriate to their nature, thereby avoiding the mere collectivization of individual rights. The problem identified requires an in-depth examination of the effectiveness and stability of collective agreements supported by the opt-in binding technique, as well as their influence on the rights and interests involved in collective disputes. This analysis unfolds along two parallel lines: the first seeks to understand how the microsystem of collective protection is integrated into the Brazilian justice system, as a means to demonstrate the existence of a dogmatic gap that allows for the expansion of the effects of collective judicial decisions—a phenomenon observed in individual protection and more markedly in collective protection. It will be shown that, in certain circumstances, it is desirable for the effects of collective protection to extend beyond the procedural boundaries, for the benefit of absent members and in favor of conflict resolution. The second line contends that excessive restrictions on the availability of substantive rights, the limitation of the powers of collective representatives, and attempts to prevent negative repercussions of collective protection based on *res judicata secundum eventum litis* are not sufficient solutions for achieving a fair collective agreement. The adopted research methodology was bibliographical and legislative analysis, examined through the deductive method.
