Celeridade processual e demandas repetitivas: uma análise da efetividade do IRDR no TJAM

Abstract

The present research aims to understand to what extent the institute inaugurated by the most recent Brazilian Civil Procedure Code, called Repetitive Demand Resolution Incident, can contribute to rationalizing judicial action, providing more efficiency in the judgment of mass demands and helping to to alleviate the current backlog of cases being processed in the Judiciary. The first part of the research is divided into three segments and begins by contextualizing the current problem of procedural congestion faced by Brazilian Justice, whose constitutional structure is also presented in this section. Next, we seek to analyze the principles involved in the discussion of the incident of resolving repetitive demands and mass demands, such as the principle of procedural speed, reasonable duration of the process, contradictory and broad defense and the indefeasibility of jurisdiction or access to justice. The second part of the study makes a detailed examination of the procedural procedure for the incident of resolving repetitive demands, as provided for in the most recent Code of Civil Procedure, in order to understand the sequence and procedural rules involving the incident. Finally, and in its final chapter, the study analyzes the procedural development of two incidents of resolving repetitive demands brought within the scope of the Court of Justice of the State of Amazonas, namely, Themes 1 and 5, as well as the jurisdictional performance of the Court itself. Amazonian court in the period following the trial and establishment of the aforementioned legal theses, in an attempt to obtain a conclusion about the effectiveness of the incidents and their impact on the number of trials produced by the Amazonas Court of Justice.