TERMINATION ACTION BASED ON UNCONSTITUTIONALITY: ASSUMPTIONS AND LIMITS FOR DECONSTITUTION OF THINGS REJUDICATED (ARTS. 525, §15 and 535, § 8 of CPC/2015)
Name: ANA CAROLINA BOUCHABKI PUPPIN
Publication date: 11/08/2023
Examining board:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Advisor |
Summary: This study aims to analyze the assumptions and limits for proposing the rescission action basedon a rule later held by the Federal Supreme Court to be unconstitutional in concentrated ordiffuse control, mentioned in articles 525, §15 and 535, § 8 of CPC/2015. In order to do so, theresearch started with the analysis of the concept of legal certainty in the Rule of Law and theinstitute of res judicata as an instrument for its implementation. Next, the rescission action wasexamined as a typical means of deconstitution of res judicata, seeking, based on its historicalconception, to compare the rescindibility regime with the vice of nullity and injustice ofdecisions. In this line, it was intended to diagnose the defect that affects the decision that canbe fought by rescission action based on manifest violation of the legal norm and based onsupervening unconstitutionality. Finally, the objective was to examine, based on the movementfor the “relativization of res judicata”, the legislative repercussions that were imposed inCPC/1973 to CPC/2015, in order to understand to what extent res judicata can be violated inthe face of a subsequent decision in control of constitutionality by the Federal Supreme Courtthrough rescission action, what its assumptions are, what its basis is, within what timeframeand what its limitations are.
Keywords: legal security; res judicata; rescission action; relativization; unconstitutionality.
