A limitação territorial da coisa julgada nas sentenças proferidas em ações civis públicas: um estudo à luz do recurso extraordinário nº 1.101.937/SP
Class-action lawsuits have become increasingly important in contermporary societies as social relations grow steadily more complex. This social evolution was accompanied closely by legal standards in such a way that the law may strive to become an effective instrument in the pursuit of justice. To t...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/50636 |
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| Resumo: | Class-action lawsuits have become increasingly important in contermporary societies as social relations grow steadily more complex. This social evolution was accompanied closely by legal standards in such a way that the law may strive to become an effective instrument in the pursuit of justice. To this end, the development and the improvement of procedural instruments with the goal of providing better solutions to collective claims. In this sense, procedural instruments such as the public civil lawsuits already have their importance recognized as a means of filling this role. Nevertheless, it is worth noting that the Executive and Legislative branches have occasionally attempted to weaken some of the guidelines of this instrument. An example of such may be found in the imposition of territorial constraints in the effects of the class-action res judicata for judgments issued in public civil lawsuits. This rule was instituted through art. 16 of Law no. 7.347, which had its text amended through Provisional Measure no. 1.570/1997, and was declared unconstitutional in the judgment of the Extraordinary Appeal no. 1.101.937/SP as it was a violation of constitutional principles and went against the evolution of class-action lawsuits. To substantiate this analysis, this bachelor's thesis employs qualitative research and the logical-deductive method to critique the problems arising from the territorial constraints of res judicata in class-action lawsuits as proposed by the current wording of art. 16 of Law no. 7.347/1985, deemed unconstitutional in the aforementioned Extraordinary Appeal, by analysing the contents of the Justice's votes in this case and contrasting with remarks from the pertinent legal doctrine. Finally, after conducting a critique through the lens of legal literature, it is concluded that the decision to declare the unconstitutionality of the article in question was adequate and proper as it has favored a systemic interpretation of the class-action procedure and the constitutional principle such as equality of rights, access to justice, legal certainty and efficiency. |
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