Ação rescisória: aspectos teóricos e práticos no novo Código de Processo Civil

Abstract

This work aims to analyze the rescissory action under the new Code of Civil Procedure of 2015, approaching the theoretical foundations that allow and show its necessity of existence, the action evolution front its multiple changes that the Code of 2015 brought, legal hypotheses in which it can be used, procedural aspects that allow not only its utilization but also conditions for its validation and jurisprudence of cases that it was granted, specifying why it was granted and cases in which it wasn’t granted. Through doctrinal and normative revision, this study investigates the importance of the balance between the res judicata and the material justice, putting emphasis on cases in which a decision on the merits must be terminated and the procedure to consummate its rescission. Some of the changes introduced in the new CCP were notorious, since before it was more connected to mistakes and defects in the procedure. The New Code openned more cases in which the rescissory action can be applied, and specified better the already existent, that end up reinforcing the rescissory action as an exceptional instrument of the final judicial decision control.