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Participation of the “affected person” in the formation of legal thesis via the Incident of Resolution of Repeated Demands

Abstract

Social movements have consolidated broader meanings for the notion of the “affected person”, relating it to the centrality in reparatory procedures. It is necessary to analyze how does civil procedure conceive the participation of affected people in judicial lawsuits, particularly in cases of socio-environmental disasters and, specifically, in proceedings that result in precedents, a tendency in civil procedure in the last year which was intensified by the 2015 Code of Civil Procedure. This article analyses the Incidents of Resolution of Repetitive Demands (IRRDs) in Rio Doce case, questioning if this incident is capable of enabling the participation and protagonism of affected people.

Keywords:
Incident of Resolution of Repetitive Demands; socio-environmental damages; Disasters; Fundão dam; Affected person; Precedents; Participation; Access to justice; Code of Civil Procedure

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