Ação rescisória por alteração jurisprudencial

Abstract

In this work, we sought to analyze the Rescission Action (lawsuit) in the Brazilian legal system. For the research we used the methodology of bibliographic review and analysis of jurisprudence and national legislation. The main objective was to verify the possibility of a rescission action due to a change in jurisprudence. For this, the study began with the res judicata, its concept and authority as a quality that adds to the sentence and makes it immutable and definitive, its legal regime and limits. Then, the historical origin of the rescission action was discussed, the legal regime that makes it a means of rescinding the sentence and provoking a new judgment, and the possibilities of rescindability provided for by law. Finally, we analyze the precedents in Brazilian law, the legal regime found in the Code of Civil Procedure and overruling, demonstrating the thinking of scholars and Superior Courts on the impossibility of challenging the decision by jurisprudential change, through the rescission action, protecting thus the res judicata and enabling the legal security of the judged. [resumo fornecido pelo autor]