Incidente de resolução de demandas repetitivas e o princípio da segurança jurídica: um exame sobre a aplicabilidade do instituto no Tribunal de Justiça do Estado do Maranhão

Abstract

The incident of resolving repetitive demands - IRDR constitutes one of the decision-making standardization techniques provided for in the 2015 Code of Civil Procedure, being an important instrument for guaranteeing the principle of legal certainty, as it makes it possible for repetitive cases involving homogeneous individual rights to be treated in a manner uniform by the Judiciary. In this context, the research proposes to examine the applicability of incidents of resolving repetitive demands within the scope of the Court of Justice of the State of Maranhão throughout the validity of the CPC, as a binding precedent, as well as theoretical advances on the institute and the interventions carried out by the Superior Court of Justice and the Federal Supreme Court in the theses established by the State Court and reflections on the topic. This research is based on the provisional hypothesis that the incident of resolving repetitive demands has been used timidly in the Court of Justice of the State of Maranhão, considering that throughout the validity of the 2015 CPC, only eight incidents were admitted and judged and only two new admissions occurred in 2023. The research adopted the inductive approach method, critical socio-legal procedure methods using monographic and legal-exploratory and descriptive methods and adopting bibliographic research techniques and documentary research based on collected data on the panels of the National Council of Justice and on the website of the Court of Justice of the State of Maranhão. As a conclusion, it is stated that the applicability of the institute in the Court of Justice of the State of Maranhão is reduced in comparison to other courts of the same size in the country.