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In Chapter 13, the author explores the transformation in Brazilian procedural law that has enabled nonparties to assert res judicata on the judgment of relief and on issue determination, breaking away from mutuality requirements. It explains how this is connected to the possibility of nonparties borrowing evidence from other proceedings and asserting class action and criminal res judicata on their behalf, to avoid litigating the issue of liability and file exclusively for liquidation of damages.

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Res Judicata in Favor of Nonparties

  • 章节

  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

In Chapter 13, the author explores the transformation in Brazilian procedural law that has enabled nonparties to assert res judicata on the judgment of relief and on issue determination, breaking away from mutuality requirements. It explains how this is connected to the possibility of nonparties borrowing evidence from other proceedings and asserting class action and criminal res judicata on their behalf, to avoid litigating the issue of liability and file exclusively for liquidation of damages.