Coisa julgada inconstitucional: uma análise crítica da ação rescisória prevista no parágrafo 15 do artigo 525,CPC

Abstract

The present article has the purpose of analyzing the discussion about the constitutionality of the revoking legal action previewed in the 15th paragraph of the article 525, Civil Procedure Code, the hypothesis is directed towards the deconstitution of the judged subject founded in the law, which afterwards judged in transit by the rescinded decision, was declared unconstitutional by the Federal Supreme Court. For that, it was necessary conceptualize the institute of the re siudicata material, as well as the rescission action, so there could be an adequate ponderation regarding the values both parties prioritize. In sequence, it was made a comparison about the way this subject was treated by the Civil Procedure Code/73 until suffer changes and be expressly written in the actual Civil Procedure Code. At last, it was explained the main arguments indoctrinated favorable and opposite the compatibility of such device with the Federal Constitution, as well as some ways of interpret it according to the Fundamental Law.