2013•Unpublished venueRequires access

Coisa julgada no processo coletivo

Vinício Guimarães Salvarezza

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Abstract

Collective procedural law, while an independent branch of procedural science, arises as one of the answers to the crisis in access to the judicial system, now overwhelmed with the multiple demands of identical nature and unable to attend, in the light of the brazilian procedural code (CPC), claims that transcend the individual sphere. The right understanding of this new branch of law requires the reinterpretation of traditional categories of the general theory of procedure, among which we highlight claim preclusion(res judicata), the subject of this paper. Indeed, this monograph aims to examine in detail the main peculiarities revolving around this multifaceted, controversial institute that is claim preclusion in collective procedure.

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Collective procedural law, while an independent branch of procedural science, arises as one of the answers to the crisis in access to the judicial system, now overwhelmed with the multiple demands of identical nature and unable to attend, in the light of the brazilian procedural code (CPC), claims that transcend the individual sphere. The right understanding of this new branch of law requires the reinterpretation of traditional categories of the general theory of procedure, among which we highlight claim preclusion(res judicata), the subject of this paper. Indeed, this monograph aims to examine in detail the main peculiarities revolving around this multifaceted, controversial institute that is claim preclusion in collective procedure.

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Available abstract

Collective procedural law, while an independent branch of procedural science, arises as one of the answers to the crisis in access to the judicial system, now overwhelmed with the multiple demands of identical nature and unable to attend, in the light of the brazilian procedural code (CPC), claims that transcend the individual sphere. The right understanding of this new branch of law requires the reinterpretation of traditional categories of the general theory of procedure, among which we highlight claim preclusion(res judicata), the subject of this paper. Indeed, this monograph aims to examine in detail the main peculiarities revolving around this multifaceted, controversial institute that is claim preclusion in collective procedure.

Key concepts: Res judicata, Reinterpretation, Procedural law, Political science, Subject (documents), Law, Law and economics, Sociology

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