O incidente de resolução de demandas repetitivas - IRDR: análise acerca da natureza jurídica do incidente sob o prisma jurisprudencial brasileiro

Abstract

This monograph has, as main purpose, to define the legal nature of the so-called Incident of Resolution of Repetitive Claims (IRRC). It is used, for this purpose, the bibliographic research, based predominantly on authors such as Sofia Temer, Marcos Cavalcanti, Fredie Didier Jr. And Leonardo da Cunha, discussing form the study of the understanding of those professors, if the IRRC is based on the “model procedure” of German Law or on English Law and its “pilot case” procedure, or even, based on the Brazilian Code of Civil Procedure and on the doctrine, if this legal institute does not have its own nature, separable from the international currents. In the end, the contributions of each of the currents mentioned above will be analyzed and will be demonstrated how the IRRC contains a specific legal nature, with its own structural design and how it moves away from the European currents.