A gestão das ações coletivas pelos Núcleos de Ações Coletivas como estratégia de tratamento de litigiosidade

Abstract

Class actions have significant importance in the Brazilian legal system, especially due to their ability to encompass a wide range of rights and to address them in an integrated manner, without fragmentation, matching their inherent nature. This context underscores the importance of exploring effective management strategies for class actions, aiming to optimize the effective use of these actions as tools for appropriate litigation management. With the successful management of consolidated petition by the Precedent Management Centers (Núcleos de Gerenciamento de Precedentes - NUGEPs) in both higher and appellate courts , the Brazilian National Council of Justice (Conselho Nacional de Justiça - CNJ) enacted Resolution CNJ n.339/2020. This resolution established the Class Action Centers (Núcleos de Ações Coletivas - NACs), facilitating either their independent operation or integration within existing NUGEP structures, thus creating NUGEPNACs. This paper presents the results of a research project that was conducted in parallel with the effort to identify needs and develop projects at the Minas Gerais Court of Justice (TJMG), which involved investigating how to develop a system design for strategic action by courts, through their NUGEPNACs and in partnership with the Judiciary Intelligence Centers, to identify, monitor, and handle collective actions. The goal of the project was to benefit the judiciary and the parties involved, by providing speed, legal certainty, and predictability to judicial decisions. The results of applying the workflows and work processes, and of all the tools developed for the project, have shown, even though they are partial and incipient, that the design for collective cases is on the right track.