Ação rescisória e meios transrescisórios: perspectiva constitucional / Rescision action and related mechanisms: constitutional perspective

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

28/09/2012

RESUMO

In this paper, we analyze the legal result of res judicata and its importance for the legitimacy of legal discourse, as well as the rescission action and related mechanisms, framed by the doctrine and jurisprudence as a means enabling the disregard of res judicata. Furthermore, we do a revew about the theories that admit the disregard of res judicata through mere consideration judgment exercised by the magistrate in each case. Included is also a study on how these institutes have been included in the courts practice, taking into account especially the constitutional perspective of the process and timing of fragility in the treatment of res judicata in contemporary Brazilian legal scenario.With regard specifically to the rescission action, are discussed specific issues that are related to the origin of the institute and also its practical application. A study of comparative law is carried out with the analysis of instruments of termination provided for in Italy, Spain, Germany and Portugal, in order to give us a partial notion of the development stage in Brazilian legal system with regard to the theme object of this study.

ASSUNTO(S)

coisa julgada ação rescisória garantias constitucionais relativização direito publico rescission action res judicata constitutional guarantees relativization

ACESSO AO ARTIGO

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