The incident of repetitive demands resolution in consumer affairs: empirical analysis of legal feasibility

• Main Author: Lucas do Monte Silva
• Format: Article
• Language: English
• Published: Rede de Pesquisa Empírica em Direito 2017-05-01
• Series: Brazilian Journal of Empirical Legal Studies
• Online Access: http://www.reedpesquisa.org/ojs-2.4.3/index.php/reed/article/view/172

<p>Faced with the scenario of massification of lawsuits, this article intends to analyze the main arguments and questionings of the demands related to moral damage and health plans, on Santa Catarina’s Court of Justice, in order to analyze the possible application of the incident of repetitive demands resolution of the new Civil Procedure Code. To do so, it will be done, first, an analysis of the current context of the Brazilian judiciary, presenting the context of repetitive demands and massification of contracts and introductory aspects of the incident of repetitive demands resolution. Then it will made be a judicial empirical analysis, quantitative and qualitative, through a case study of Santa Catarina Courts of Justice, conducting an empirical study of cross descriptive analysis of the demands related to the issue highlighted above, in order to demonstrate an 'argumentative radiography’ of the judgments of that Court. The results confirmed the possibility of applying IRDR in repetitive demands relating to subjects of this study, with due legal caution, taking into account the high number of “issues of fact” that involve lawsuits that have, among their claims, compensation for moral damages.</p>