Subjective effects of res judicata in collective lawsuits

Abstract

The present article aims to analyze the subjective effects of res judicata in the context of collective actions, in light of the Federal Constitution, the collective microsystem formed by the Public Civil Action Act and the Consumer Defense Code, as well as the interpretation consolidated by the case law of the higher courts. The deductive method was adopted, relying on bibliographical research based on legislation, specialized doctrine, and the jurisprudence of the superior courts, with an analytical and systematizing approach. The study sought to understand how the limits of res judicata are projected onto diffuse rights, collective rights stricto sensu, and homogeneous individual rights, highlighting the peculiarities of collective protection in relation to individual proceedings. It is concluded that res judicata in collective actions cannot be understood within the restrictive framework of individual proceedings, but must be interpreted in accordance with the indivisible nature of meta-individual rights and with the logic of secundum eventum probationis, ensuring the effectiveness of access to justice. Thus, it is reaffirmed that the effects of collective res judicata must be broadened, to the benefit of the collectivity, as an expression of the democratic function of procedure.