Análise Econômica do Direito, Incidente de Resolução de Demandas Repetitivas e Juizados Especiais

Abstract

The Code of Civil Procedure (CPC, in portuguese, Código de Processo Civil) of 2015 gave greater prominence to precedents as a mechanism for rationalizing jurisdictional activity. In a context of expansion of civil litigation, the aim of this article is to assess, adopting the Law and Economics (AED, in portuguese, Análise Econômica do Direito) theoretical framework, the role of judicial precedents in the search for a more complete, stable and isonomic system. In this sense, the repetitive demands resolution incident (IRDR, in portuguese, Incidente de Resolução de Demandas Repetitivas) stands out as an institute that aims to propose a solution to mass demands based on the same question of law. The hypothesis that arises is that the effectiveness of the jurisdictional provision of the special courts is subject to substantial improvement with the application of the IRDR, passing through the analysis regarding the constitutionality of such an incident, and, if constitutional, what would be the proper procedure, since the CPC essentially turns to the incident in the courts. The methodology is based on the theoretical references of AED, conforming to precedents, IRDR and special courts, in line with the statistical analysis provided by National Council of Justice (CNJ, in portuguese, Conselho Nacional de Justiça). The results achieved demonstrate that special courts respond for significant number of new processes that enter the Judiciary, following the primacy of access to justice, with the model developed by Mendes and Romano Neto being a promising solution to the application of the IRDR in such jurisdictional sphere.