A dispensabilidade da liquidação prévia para o cumprimento individual de sentença genérica proferida em demanda coletiva

Abstract

This thesis analyses prior liquidation for the individual enforcement of generic collective sentences, aiming to infer whether prior liquidation is mandatory for the individual enforcement of generic collective sentences or if it’s possible to dismiss it on the grounds of art. 509, §2º of the Civil Procedure Code, by virtue of the principle of effectiveness. Through bibliographical research, it examines the institutes of liquidation and enforcement to understand the challenges and peculiarities of its application to class actions, especially those related to homogeneous individual rights. Then, it investigates academic and jurisprudential discussions about the dismissal of prior liquidation for the individual enforcement of generic collective sentences. To that end, it analyses the Supreme Court’s jurisprudence about the controversy and its Repetitive Theme nº 1.169. Later, it explores the consequences of mandatory prior liquidation in class actions, through the optic of effectiveness. And last, it concludes that mandatory prior liquidation would offend the principle of effectiveness, therefore the Supreme Court should decide for the dismissability of prior liquidation when the elements of the case allow for direct enforcement, in the terms of art. 509, §2º, CPC.