Gestão judiciária e técnicas do processo agregado : aportes para aprimoramento da tutela jurisdicional coletiva

Abstract

This paper aims to analyze how the Judiciary can improve judicial management in relation to the efficiency and effectiveness of collective jurisdictional protection through the application of aggregated process techniques. It uses a systemic method with bibliographic and documentary research. It starts from the premise that the modern procedural system faces a crisis, so that it finds it difficult to carry out isonomic, efficient, effective and reasonable judicial provision. Assuming that judicial management can be an alternative instrument capable of solving the crisis with the implementation of better judicial administration and encouraging the panprocessualist perspective, it investigates how the sedimentation of management activities in foreign legal systems occurred, bringing the perspective of United States of America and Portugal. For the analysis of the collective procedural plan – from a historical perspective and of contemporary application – and of the aggregation of rights as a management technique, the countries previously mentioned plus England and Germany are included. Thus, the aggregation of rights is treated as a possibility of conflict resolution and this paper brings initially contributions about aggregate litigation and multidistrict litigation. On Brazilian soil, it deals with the issue of national cooperation and its indispensability for collective procedural fluidity, even more in relation to concerted acts, which brings as examples the collectivization of evidence and the centralization of repetitive processes as techniques of aggregation paradigms. It concludes that there are still obstacles to be overcome, such as the challenge of adequacy of representation. However, it is possible that the improvement in collective jurisdictional provision is increasingly sought by the use of management mechanisms based on economic instruments and by the application of aggregated process techniques, provided that they are integrated through the panprocessualist perspective and the collaborative model of process.