THE CLAS ACTIONS AND THE SUSPENSION OF INDIVIDUAL PROCESS: AN ANALYSIS ACCORDING TO THE FUNDAMENTAL RIGHT OF ACCESS TO JUSTICE

• Main Authors: Luciano Picoli Gagno, Fernanda Porchera Bufon
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: class actions; suspension of individual process; stj jurisprudence; fundamental right of access to justice
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/39105/31773

The Brazilian legal system provides the possibility of class actions, which allow the extension of the res judicata to benefit individuals who has homogeneous individual rights linked to the object of collective process. In this sense, if the class action and the individual process with similar objects work simultaneously, there is the possibility of the suspension of the individual process, so that the judgment of collective action is awaited. It is argued, however, whether the adoption of this practice, without the parties' acquiescence, would violate the fundamental right of access to justice, since it would prevent the individual of proceed with his individual claim. Therefore, it was used the deductive method, through bibliographical and jurisprudential exploration, analyzing the possible application of general and abstract principles, to offer a more economic, rational, expeditious and isonomic process.