Post by account_disabled on Jan 30, 2024 9:59:44 GMT
Examining the problem of subjective limits, within the scope of transindividual protection, I argued, some years ago, that, in the domains of collective rights, res judicata extends beyond parties (limited to the group, category or class, whose members are united by a same basic legal relationship), unless the request is dismissed due to insufficient evidence. Article 16 of Law 7,347/85, with the amendment introduced by Law 9,494/97, provides that, in public civil action: “The civil sentence will be res judicata erga omnes , within the limits of the territorial competence of the issuing body, except if the request is deemed unfounded due to insufficient evidence, in which case any legitimate party may bring another action on the same basis, using new evidence”.
From this particularized regime, two observations Buy Phone Number List are necessary: firstly, in all these situations, the subjective delimitation of article 506 of the Code of Civil Procedure appears, in principle, to be sufficient to meet the requirements of actions with a collective connotation; and, furthermore, the rejection of the request will not cause any prejudice to the individual rights of the members of the group, category or class concerned, because the res judicata is formed secundum eventum probationis . The reservation contained in paragraph 1 of article 103 of the Consumer Protection Code, in the sense that the res judicata will not harm the individual rights of the members of the community, is completely unnecessary, because, as is curial, the conclusion of any sentence only if makes it immutable and indisputable in relation to the request, identified by the object and the cause of action.
Actions based on individual law will always have an object and cause petendi that are different from those of collective demands. They could never be harmed by these! The special law imposed that, in collective court actions, the immutability of the decisum , instead of being restricted to the formal parties participating in the process, as the case may be, extends beyond the parties. Thus, for example, when granting a request in public or collective civil actions, immutability must extend to the entire group, category or class of injured parties, who are not directly represented in the case files, but replaced by the extraordinary legitimes authorized by text Cool express.
From this particularized regime, two observations Buy Phone Number List are necessary: firstly, in all these situations, the subjective delimitation of article 506 of the Code of Civil Procedure appears, in principle, to be sufficient to meet the requirements of actions with a collective connotation; and, furthermore, the rejection of the request will not cause any prejudice to the individual rights of the members of the group, category or class concerned, because the res judicata is formed secundum eventum probationis . The reservation contained in paragraph 1 of article 103 of the Consumer Protection Code, in the sense that the res judicata will not harm the individual rights of the members of the community, is completely unnecessary, because, as is curial, the conclusion of any sentence only if makes it immutable and indisputable in relation to the request, identified by the object and the cause of action.
Actions based on individual law will always have an object and cause petendi that are different from those of collective demands. They could never be harmed by these! The special law imposed that, in collective court actions, the immutability of the decisum , instead of being restricted to the formal parties participating in the process, as the case may be, extends beyond the parties. Thus, for example, when granting a request in public or collective civil actions, immutability must extend to the entire group, category or class of injured parties, who are not directly represented in the case files, but replaced by the extraordinary legitimes authorized by text Cool express.
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