A superveniente declaração de inconstitucionalidade de norma como causa de rescisão

Abstract

This is an analysis of the constitutionality of the rescissory action based in supervining declaration of a norm’s inconstitutionality by the Supreme Court, according to Civil Procedure Code’ sections 525, §15, e 535, §8º. It draws the history of the provisions, back to the discussions about the relativization of inconstitutional claim preclusion and resets the problem to the effects of binding constitutional jurisdiction over the closed cases. In the end, it refutes the theories which intended to atypically break res judicata and it formulates a Constitutional compliant interpretation of the aforementioned provisions. It is a theoretical and legally dogmatic research, that follows a logic-deductive reasoning to acertain the rescissory cause suitability in relation to legal certainty. The work contains foreign law studies, namely of the german, italian and portuguese systems, which proved worthy to aid the unterstanding of the brazilian law.