A legitimidade do membro do grupo para intervir no incidente de resolução de demandas repetitivas

Abstract

This paper will analyze aspects of the legitimacy of the group member to interfere in the incident for resolution of repetitive suits. At first, will be approached the insufficiency of class actions to protect collective issues in judicial litigation, the emergency of the incident for resolution of repetitive suits as the institute build to solve this problem, its concept and double function. Then, will be made the necessary distinctions to the comprehension of the subject matter, as the difference between pilot cause and model cause, and the distinction between class actions and collective process. After that, there will be an analysis of how the processing of the incident will be done in courts, by interpreting the articles of the Civil Procedure Code. Established the idea of the incident for resolution of repetitive suits, there will be a focus on the specific analysis of the article 983 of the Civil Procedure Code and its important function to allow the exercise of the right to the contradictory, with the permission given to the intervention of the members of the groups affected by the judgment of the incident. There will be made a distinction between the intervention of the members of the groups and the traditional interventions allowed in incident for resolution of repetitive suits. As found this new form of intervention, there will be made an analysis of the legitimacy of these group members to interfere in the incident, starting by the definition of the groups affected by the judgment, their forms of binding to the decision and the moment of setting the requirements to the intervention. Ultimately, there will be an analysis of the Institute of Proper Representativeness, originating from the United States class actions, incorporated to the Brazilian law system initially in class actions, and then expanded to the choice of the representative causes of controversy in the incident for resolution of repetitive suits. Thus, there will be the proposal of this paper, which is the incorporation of the Institute of Proper Representativeness to the choice of the member of the group that will interfere in the incident.