Da relevância de um banco de dados nacional de processos coletivos

Abstract

The congestion of the Judiciary Power, caused by the high number of demands with previous legal appraisal, makes it extremely difficult to provide satisfactory protection to the jurisdicted, as assured on the fundamental rights, given the slowness caused by the excess of repetitive causes. In view of this, research was carried out on the relevance of Collective Procedural Law as a basis for guaranteeing the demands of the mass society, in order to present discussions about the relevance of the institution of a national system of collective processes and its impacts for the Brazilian national scenario, focusing on positives effects and challenges of implementation. Using exploratory research, the present work examined the theme in the light of the current legislation, especially the effects of the rules of conduct (resolutions, ordinances, regulations and bills), as well as the characteristics of the collective process, which effects result in the central proposal of these writings. Thereby, the analysis of project proposals published on the subject was started, focused on the diagnosis of attempts to implement collective process systems arising from collective actions and conduct adjustment terms. As a result of the critical appraisal carried out on the subject, the need to use governance techniques, open data and information systems development technologies was identified in order to meet the sui generis demands of collective processes. Thus, through the creation of a nationwide database that allows ample access to information regarding collective processes, especially about issues related to lis pendens, connection, ratification and the formation of res judicata, it could avoid the judgment of considerable amounts of replicated knowledge processes, which could have a single resolution and, therefore, avoid the imminent paralysis of the judicial machine.