REPETITIVE DEMAND RESOLUTION INCIDENT: ANALYSIS OF ITS USE AFTER FIVE YEARS OF CPC/2015

Abstract

The Repetitive Demand Resolution Incident was introduced in the Civil Procedure Code to stimulate the molecular treatment of claims that involved the same legal controversy. However, 5 years after its entry into force, the incident has not yet met the initial expectation that the new precedent micro system could modify issues that have always afflicted the experts, such as different treatment of similar situations, as well as the unpredictability of judicial decisions. The object of this study is analyzing why, despite the large number of repetitive demands arising each day, there is still no significant number of RDRIs, and some possible causes of low adherence to the new institute. The research included the numbers contained in the databases of the CNJ, Courts of Appeals of São Paulo, Rio de Janeiro and Minas Gerais, and also the research carried out by the Faculty of Law of Ribeirão Preto of the University of São Paulo-USP. As a conclusion, it was found that after 5 years of
the Civil Procedure Code, the courts need to stimulate demands that create precedents; territorial limitation does not guarantee isonomy, and the non-confrontation of fact matters reduced the scope of setting the precedents.