CONFLITO ENTRE COISA JULGADA INDIVIDUAL E COISA JULGADA COLETIVA

Abstract

This article aims to face the question about the conflict between individual res judicata and collective res judicata. From the rule contained in the art. 104 of Consumer Protection Code, the article will pursue to demonstrate the prevalence of the collective res judicata over the individual res judicata when in a collision situation, being expendable, for the effectiveness of this prevalence, employee, the individual, the rescissory action aiming to deconstitute the previous res judicata formed in the individual process, although the understanding prevails that the proposal of the rescissory action, therefore, it is necessary. It is an exploratory and qualitative research, which uses doctrinal texts and STJ judgments.