Arbitragem coletiva para tutela de direitos de acionistas minoritários: a formação da coisa julgada e seus limites subjetivos

Abstract

This work aims to analyze res judicata and its subjective aspects in the context of collective arbitrations as means to enforce the rights of minority shareholders of a publicly held company in Brazil. For such, it analyzes general aspects of res judicata on civil procedures and its particularities due to the “collective enforcement microsystem”, in particular the extension of the subjective effects of collective res judicata. Subsequently, it studies corporate collective arbitration in a Brazilian context, its applicable legal framework, and some emblematic procedural aspects, especially those which present consequence on the collective arbitral res judicata, with some parallels to the class arbitrations present in the United States. Lastly, it verifies how res judicata occurs on arbitrations and its subjective framework on collective arbitrations, as well as alternatives to the “collective enforcement microsystem”, due to the singularities of corporate disputes.