Name: VLADIMIR CUNHA BEZERRA

Publication date: 14/05/2019
Advisor:

Name	Role
TIAGO FIGUEIREDO GONÇALVES	Advisor *

Examining board:

Name	Role
RODRIGO REIS MAZZEI	Internal Examiner *
TIAGO FIGUEIREDO GONÇALVES	Advisor *

Summary: This paper analyzes the compatibility of article 525, § 15, of the Brazilian Civil Procedure Code with the Constitution with a view to legal certainty. To do so, briefly analyzes the evolution of state models, until reaching the Constitutional State. It analyzes the legal security, and the way in which it operates in the Law, verifying the possibilities of its distance. Subsequently, it assesses the rescission action, and its provisions in the Civil Procedure Codes of 1939, 1973 and in the current Code. It then verifies the control of constitutionality in Brazilian law, notably the technique of modulating the effects of the declarations of unconstitutionality. It shows a research made in decisions from the Supreme Court in the control of constitutionality. It concludes by the constitutionality of article 525, § 15, of the Code of Civil Procedure and that the Supreme Court, in judging statements of unconstitutionality, must set forth the initial framework from which the deadline for filing a rescission action will flow.

Keywords: Constitution. Legal certainty. Rescissory action. Declaration of unconstitutionality.

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