Ação rescisória: o lento caminhar do direito escrito, comparado às rápidas transformações das sociedades contemporâneas

Abstract

Rescissory action is the most known procedural mechanism for rescinding decisions upon the merits, which had been transited in rem judicatam. Rescission hypothesis can be found within paragraphs of clause 485 of the Brazilian Code of Civil Procedure. Some within the juridical community, being expressed by doctrine and jurisprudence, have realized that written law is not able to adapt itself to the same dynamics seen through transformations happening in contemporary societies, and it does not consider, in an expressively and sufficiently exhausting way, cases which can be approached through rescissory action; therefore, there have been a great discussion on the issue called relativization of the res judicata, aiming at providing more efficiency and effectiveness to considering jurisdictional tutelage, with no risk of transgressing constitutional rules and precepts, such as the due respect to the authority of the res judicata and, thus, the Rule of Law itself. In this work, in addition to discussing the aforementioned central issue, it is carried out a complete approach on rescissory action, which is also related to some polemical cases related to this institute