Passado, presente e futuro do IRDR: considerações em torno dos fundamentos para criação da técnica processual e desdobramentos da realidade prática do instituto nos 10 (dez) anos de CPC/2015

Abstract

This dissertation analyzes, based on the constitutional foundations for the creation of the Incident of the Repetitive Demand Resolution Incident – IRDR technique and its provision in the Brazilian Civil Procedure Code – CPC/2015, notably with regard to the unity and scope of the fundamental standards of reasonable duration, equality and due process of law, whether in the 10 (ten) years of validity of the CPC/2015, these values are being promoted by the practical use of the technique. In this research, we intend to present an attempt to systematize the fundamental rules of civil procedure and the practical scope of IRDR in the 10 (ten) years in which it has become a perennial technique in the Brazilian legal system, whether the institute contributes to the concretion of the fundamental rule for which it is intended, or whether it has been gaining strength as a tool for reducing the overload and case management within the scope of the national courts. The study emphasizes the objective and subjective structure of IRDR, with the objective of analyzing temporal aspects related to the maturation of debates, the exercise of adversarial proceedings, participation and influence in the construction of the foundations for establishing the thesis, as well as its effectiveness and scope for those who did not participate in the debate, going through the problems that the institute faces in practice in order to concretize the reasonable duration, equality and legal certainty outlined in the fundamental rule. The present study is guided by the attempt to present a temporal cut of the institute since the Preliminary Draft of the CPC/2015, going through its use in the present and what is expected of the handling of the technique in the future, the study proposes, from the prism of justice as a value, to encourage reflection around the contributions of the technique and expectations of practical improvement for the future, notably that which envisions in the IRDR the potential to serve as a homeostatic mechanism, balancing the paradigms of formal legality with that of case management and innovation, for the promotion of an efficient justice system and the achievement of an ideal of isonomy and legal certainty previously expected.