O julgamento de incidentes de resolução de demandas repetitivas : análise das repercussões sobre a segurança jurídica no tribunal de justiça do Maranhão após sua inserção no sistema normativo brasileiro

Abstract

The 2015 Code of Civil Procedure imposed on the national legal system the valorization of judicial precedents, thus enhancing the value of the decisions of the Superior Courts, especially because interpersonal relationships in Brazil and in the world, in recent years, have experienced an exponential increase in litigiousness, which certainly represents a greater number of lawsuits in progress at all levels, creating the institute of the Incident of Resolution of Repetitive Demands. As such, this paper starts from the following problem: to what extent has the Court of the State of Maranhão observed the purposes for which the IRDR was instituted in Brazilian procedural law, specifically with the matter of legal security? The main objective of this research is to analyze to what extent the Court of the State of Maranhão has observed the principle of legal security as the main purpose of IRDRs. To this purpose, the paper is structured in three sections. The first intends to understand the influences of comparative law (mainly from English law and German law); and the legal nature and procedure of IRDRs in the Brazilian legal system. The second seeks to study and understand the legal purposes of the IRDR in the national procedural system; and finally, a critical study of the performance of the Court of Justice of the State of Maranhão in the ruling of IRDRs will be conducted, focusing on the principle of legal security. Regarding the methodology, the topic will be approached from the hypothetical-deductive method. In fact, initially general theoretical premises will be chosen about what is the proper use of repetitive judgment mechanisms. Furthermore, as research techniques, they will be bibliographic, jurisprudential and documentary.