A composição e extensão da coisa julgada no âmbito das ações coletivas, uma análise doutrinária

Abstract

This final course paper focuses on the analysis and extensive study of the formation and manifestation of the authority of res judicata in Brazilian Civil Procedural Law, specifically examining its constitution and extension through collective actions, as protected by the Consumer Protection Code, and concluding with a doctrinal analysis based on comparisons made through the study of the conclusions and convictions presented by various proceduralists in their works. This work was developed from a bibliographic study and research on the foundations established by the Federal Constitution regarding res judicata as a constitutional element, including the caveat that it is an entrenched clause, along with acquired rights and the perfect legal act, as well as its regulation and possibilities of formation, by the Code of Civil Procedure, of formal and material res judicata in the subjective, objective, and temporal scope. Finally, the study addresses res judicata in the specific form of collective actions, delimited by the Consumer Protection Code, and its regulation on the extension of its effects to indeterminate or determinable individuals protected by this institute, based on the understanding of several Brazilian proceduralists regarding the formation and manifestation of this authority in collective lawsuits. Although the Consumer Protection Code addresses the protected rights and their extent, a broad doctrinal debate persists among proceduralists regarding the formation regimes. [resumo fornecido pelos autor]