Abstract
The present study aims to demonstrate that the class action should be used as a tool to gather a great amount of individual suits. The problem is that Brazilian legal system does not provide judicial measure to dismiss or stay individual suits when a class action is certified, reducing the positive outcomes of class actions for the overloaded Judiciary. Despite the clear legislative gap, the Superior Court of Justice (STJ), in a recent case, has confirmed the suspension of individual cases until the class action final decision arouse, before responding to the problems exposed. From this paper point of view, the decision of staying the individual actions set a method of case management in a repetitive suits perspective. This method is based on the recognition of the absence of the class action as a threshold requirement for individual action addressing the same subject. This is an innovative approach aiming to streamline the court answer for the problem of repetitive suits.
Class actions; individual homogeneous rights; management; demand repetitive; prejudiciality