Coisa julgada sobre questão em benefício de terceiros: aplicabilidade em demandas repetitivas relativas ao direito imobiliário na Justiça Federal no Rio Grande do Norte

Abstract

The extension of res judicata on issues in favor of third parties is analyzed as an appropriate technique for resolving repetitive litigation cases, which, in a mass society, have become a significant reality in the Brazilian judiciary. The perspective adopted in this work constitutes a novelty introduced by the 2015 Code of Civil Procedure. The study draws upon similar doctrines in U.S. law: collateral estoppel and nonmutual collateral estoppel, as well as the theoretical framework of Professor Luiz Guilherme Marinoni's work. The purpose of this doctrine is to ensure that issues already litigated are not raised again in subsequent proceedings, based on principles of good faith and the prohibition of venire contra factum proprium. Lastly, a concrete case from the Federal Court of Rio Grande do Norte will be analyzed, involving hundreds of actions for specific performance with identical causes of action and claims, to pragmatically understand the limits and impacts of this doctrine in light of the benefits it offers to the judiciary, such as reasonable duration of proceedings, procedural equality, procedural economy, efficiency in judicial performance, and savings in public funds.