INCIDENTE DE RESOLUÇÃO DE DEMANDAS REPETITIVAS:

DA LEGITIMIDADE PARA SER PARTE NO INCIDENTE E DO LITIGANTE EXCLUÍDO

Resumen

The current work aims to understand the procedural microsystem of the Incident for the resolution of repetitive demands, to study the ones legitimated in order to establish it, as well as the way to carry out the appropriate representation of those that are not part of the model case, but have a subjective interest in the incident. The decision rendered in the referred institute shall be mandatorily applied in Claims with the same question of law in discussion, hence the importance of presenting means to protect the Representative of litigants who are not of law in discussion. The purpose of this study is to present means proposed by the 2015 Code of Civil Procedure and by scholars, capable of minimizing the potential damage caused to parties who do not have the legitimacy to act directly in the incident. The institute has entities that are legitimized not only for its establishment, but with the function of defending the interests of those who did not have the opportunity to participate, as well as the possible intervention of third parties with the same function. Therefore, the representation of those excluded from the incident will be made possible not only by the agents responsible for proposing, but also by interested parties, with technical and legal capacity, with a legal interest in the demand. The methodology used was the bibliographical review, with consultation of the subject in: periodicals, articles, books, theses that allowed this work to take shape and so we could proceed in its dissertation.