Automatic Termination of the Temporal Effects of Res Judicata in the Constitutional Review by the Supreme Federal Court
Name: FELIPE DO AMARAL LACERDA
Publication date: 27/05/2025
Examining board:
Name |
Role |
|---|---|
| AMÉRICO BEDÊ FREIRE JÚNIOR | Examinador Externo |
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| GEOVANY CARDOSO JEVEAUX | Presidente |
Summary: The present dissertation aims to analyze the automatic interruption of the temporal effects of unconstitutionality rulings by the Supreme Federal Court concerning judicial decisions that had already become res judicata but were later deemed incompatible with the Federal Constitution due to a change in the Court’s interpretation. Special attention is given to the impact of this dynamic on legal certainty and the stability of procedural relations. To this end, the study begins by examining res judicata as a fundamental guarantee and its role in consolidating predictability and trust in the legal system. Next, it explores the evolution of constitutional review in Brazil, highlighting recent transformations in the Supreme Federal Court’s jurisprudence and the effects of decisions issued in both abstract and concrete review. The research delves into the possible need for revision mechanisms to bring res judicata to an end, investigating the normative and theoretical foundations that support the automatic cessation of the effects of judicial rulings based on norms later declared unconstitutional. Finally, it seeks to reflect on the modulation of effects in decisions that overrule previous constitutional interpretations, aiming to protect legitimate expectations and legal stability.
