Precedente formado após a coisa julgada e ação rescisória

Abstract

The objective of this study is to analyze the possibility and impacts of filing an action for annulment based on a precedent that was formed two years after the final and unappealable decision that is intended to be rescinded. This is because, in the practice of law, there was a case in which the action for rescission was used seven years after the res judicata, that is, five years after the end of the legal period for its filing. The case drew attention, not only because of the time that passed until the filing, but also because of the basis on which the rescission action was based, a precedent formed after the final and unappealable decision to rescind. For the development of the study, it was necessary to understand the system of precedents implemented by the Code of Civil Procedure of 2015. Going through the differences between the civil law and common law systems, the understanding of important elements in the formation, application and amendment of a precedent. To understand the resicoria action and its requirements, res judicata in its forms, its authority, mitigations of stability and its discontinuation. Thus, studying, interpreting and understanding the legal diplomas that guide the system and the case presented for the study, is necessary to advance in the reflections necessary to achieve the objective of building an innovative, contemporary civil procedural law that also contributes to the development and solidity of a fairer, more solidary and isonomic society, as determined by the Brazilian Federal Constitution of 1988. The study was carried out with the contribution of concrete cases, the experience from practice, doctrinal works launched by great authors of the areas explored, legislation pertinent to the discussions presented and internal rules of the courts.