Ações coletivas e controle difuso de constitucionalidade: ponderações à luz da nova sistemática de coisa julgada introduzida pelo Código de Processo Civil de 2015

Abstract

Essentially, the diffuse control of constitutionality, incidental to intersubjective lawsuits, may not remove norms from the legal system or permanently modify its interpretation, restricting itself to the parties of the lawsuit. It is controversial, however, its applicability to class actions, which produce erga omnes and ultra partes res judicatas, especially regarding the new res judicata regulation in the Code of Civil Procedure of 2015 (CPC/15), concerning issues decided incidentally. Throughout legal-dogmatic and doctrinal research, based on civil procedure and constitutional law, it is aimed to analyze the applicability of diffuse control of constitutionality in class actions, under the CPC/15.