Julgamento liminar dos processos repetitivos: implicações da lei 11.277/2006 na ordem jurídica processual

Abstract

Is effective, since May 9th, 2006, the Law number 11,277/2006, which, adding the art. 285-A to the Civil Procedural Code, represents one more stage of the great procedural legislation reform. Establishing the so-called preliminary judgment of repetitive processes, the new law dispositive authorizes the magistrate to declare the impertinence of the lawsuit before the citation of the defendant, in case that the argued thesis is solely legal and already it has been, in the same court, judged unfounded in previous actions. So, many jurists defend the application of the new mechanism unconditionally, because it brings celerity for a great amount of processes wich have been moved in the courthouses, repeating the same cases. Many people say that it is a good way to disencumber magistrates and civil servants and to rationalize the jurisdictional activity. Although they recognize that the new procedural institute represents effectiveness and procedural agility, other jurists support that it is a serious threat to the most important procedural basic guarantees, synthecized in due process of law. Therefore, this study intends to investigate if the conquest of more agile processes and results through the suppression of procedures would compensate the sacrifice of relevant formal warranties conferred to the citizens by the Constitution.