THE TYPOLOGY OF PARTIES` THEORY BY GALANTER AND THE PRACTICE OF IRDR IN BRAZIL: THE JUDICIAL POWER AS A PLAYER?

The central objetive in this papper is to analyze, from the perspective of the application of the Resolution of Repetitives Demands Incident, if there is a strategic use by the actors legitimized to raise this procedural institute, created by CPC / 15. This research is undertaken according to the theoretical framework of the typology of the parts, by Marc Galanter, but considering the peculiarities of the context of application of the IRDR, in which the members of the Judiciary takes a new role, co-legitimized for the raising of incidents, at the same time that the courts try them, establishing the theses of binding effects for both pending and future cases.

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Publication Details

Journal
Nucleus
Published
2025-06-24
DOI
https://doi.org/10.3738/1982.2278.4314
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

THE TYPOLOGY OF PARTIES` THEORY BY GALANTER AND THE PRACTICE OF IRDR IN BRAZIL: THE JUDICIAL POWER AS A PLAYER?

Fernando Antônio Oliveira, Camilo Zufelato
Nucleus
Judicial and Constitutional Studies
article

THE TYPOLOGY OF PARTIES` THEORY BY GALANTER AND THE PRACTICE OF IRDR IN BRAZIL: THE JUDICIAL POWER AS A PLAYER?

Fernando Antônio Oliveira, Camilo Zufelato
article en

Abstract

The central objetive in this papper is to analyze, from the perspective of the application of the Resolution of Repetitives Demands Incident, if there is a strategic use by the actors legitimized to raise this procedural institute, created by CPC / 15. This research is undertaken according to the theoretical framework of the typology of the parts, by Marc Galanter, but considering the peculiarities of the context of application of the IRDR, in which the members of the Judiciary takes a new role, co-legitimized for the raising of incidents, at the same time that the courts try them, establishing the theses of binding effects for both pending and future cases.

NucleusVol. 1(1)
Seevic College (GB)
Openalex Percentile: Top 76%
Judicial and Constitutional Studies
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