The Incident of Resolution of Repetitive Demands and the Access to Justice From German influences to the way of the rights

Abstract

This article aims to problematize the institute of the Incident of Resolution of Repetitive Demands as a procedural instrument that puts at risk the effective access to justice through the way of the rights, highlighting, for this, the obstacles imposed by the procedural law to the individuals who intend to access the Judiciary, on similar issues of law. The study aims to discuss, from the reforms after the Brazil Civil Procedure Code of 1973, the influences arising from the German civil procedural law that inspired the emergence of the Brazilian IRDR, from the Civil Procedure Code of 2015. The present research also proposes to present data referring to the establishment of IRDRs during the years 2016, 2017 and 2018, as well as to discuss the possible impacts of the incident on the effective access to justice through the way of the social rights. The hypothesis defended here is that the reduction of the debate in the first instance, through limiting dictates imposed by normative precedents may end up overlapping the law itself.