A normatização do incidente de resolução de demandas repetitivas à luz dos princípios do contraditório e da cooperação

Abstract

The research is about the adversarial and collaboration principles on the Incident of Resolution of Repetitive Demands - IRRD. It aims to identify the connection between the parties’ participation opportunities on the IRRD complementary regulation and the adversarial and collaboration principles. The methodological strategies applied to the research were the content analysis and literature review. For this purpose, the 27 Brazilians’ code of judicial conduct were analyzed. As a result, a profile was identified with a predominance of court’s normative role to fulfill the normative role that complements the constitution and the procedural law code; i) eight main IRRD legal issues related to the adversarial principle and the collaboration were identified in legal literature, some of the topics are: the IRRD legal legitimacy; the IRRD paradigm for case selection technique; IRRD’s procedural phases; competence; IRRD overruling; and ii) eight main IRRD regulation matters associated to the adversarial and the collaboration principles were identified in the 26 Brazilians’ code of judicial conduct, such as procedural procedural representation and the essential elements on the IRRD’s judicial decision. Due to the procedural participation distribution, a relativization was identified in order to privilege procedural interests other than the adversarial and cooperation principles, such as the isonomy, legal certainty, and process duration.