Coisa julgada incidente sobre o julgamento de questões prejudiciais no Código de Processo Civil de 2015

Abstract

The purpose of this research is to offer a study on the extent of res judicata to the incidental resolution of priority issues, in accordance with the provisions of art. 503, §§ 1 and 2, of the Brazilian Code of Civil Procedure (“CPC”) of 2015. The research uses as a premise the preservation of the systematic nature of the Brazilian Code of Civil Procedure, analyzing its requirements in accordance with other provisions of CPC/2015. Moreover, the research is visualized from the perspective of the so-called substantial adversary proceeding, which encompasses, among others, the guarantee of saying, producing evidence and influencing the ruling and not being surprised by the reasoning of the decision on issues that have not been previously known by the parties. Finally, the research is orientated by the principle of efficiency, which shall be interpreted here as the best management of resources allocated for the provision of judicial relief in accordance with a fair process, without giving in to the temptation of a fast process at any cost. The study goes through the resumption of the study of priority issues related to res judicata on CPC/1973 and CPC/1939. It also presents how this new form of visualizing the objective limits was addressed by the Chamber of Deputies and the Federal Senate; as well as how the innovation was received by procedural jurists. Then, the definition of each of its requirements is presented and analyzed, contrasting the current positions of different jurists on each of the themes. At the end, some practical implications of this new system in other procedural phases are presented and, in addition, the system of res judicata for CPC/2015 is indicated.