Processo coletivo estrutural e a devida suspensão das ações individuais frente à macro-lide fundamentalmente estruturante

Abstract

The objective of this study is to answer the following question: is it appropriate to suspend individual lawsuits in the face of an essentially structural collective macro litigation action? This research hypothesizes that the structural collective process, given its characteristics – namely, multipolarity, complexity, and procedural flexibility – makes the desired institutional restructuring an excellent way for debate and change of reality, including the possibility of suspending individual lawsuits that have the same underlying discussion. The research is justified because, although there are already doctrinal discussions and binding precedents authorizing the suspension of individual cases in the face of collective macro-litigation, none of these debates encompass the topic of structural injunctions. To address this issue, the thesis is divided into six sections, the first and last ate the introduction and conclusion, respectively. The second section seeks to delve deeper into the topic of structural injunctions, conceptualizing them and addressing their main general issues. The third section analyzes the solutions – consensual, adjudicated, and shared, deepening the themes. The fourth section analyzes the binding precedents of the Federal Supreme Court (General Repercussion Theme n. 675) and the Superior Court of Justice (Repetitive Themes n. 60, n. 589, and n. 923) that authorizes the suspension of individual actions in the face of collective macro-litigation. The fifth section seeks to apply the logic of the studied precedents, analyzing the appropriateness of suspending individual actions in favor of structural macro-litigation. This thesis concludes by stating that, yes, the suspension of ongoing or future individual actions is appropriate when a structural collective lawsuit is being planned, addressing the same issue. Individuals have the right to file their mass lawsuits; however, if there is the substantive dispute in a collective and structural injunction, the latter should be prioritized, and the Judiciary should strive to resolve it in a timely manner, suspending individual lawsuits in favor of the principles of efficiency, procedural economy, equality, and reasonable duration of the process.