The Typology of Parties` Theory by Galanter and the Practice of Irdr in Brazil: the Judicial Power as a Player?
Year: 2025
Type: article
Abstract: The central objetive in this papper is to analyze, from the perspective of the application of the Resolution of Repetitives Demands Incident, if there is a strategic use by the actors legitimized to raise this procedural institute, created by CPC / 15. This research is undertaken according to the theoretical framework of the typology of the parts, by Marc Galanter, but considering the peculiarities of the context of application of the IRDR, in which the members of the Judiciary takes a new role, co-legitimized for the raising of incidents, at the same time that the courts try them, establishing the theses of binding effects for both pending and future cases.
Source: Nucleus
Institution: Universidade de São Paulo
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411606218