A impugnação da coisa julgada coletiva por meio de ação rescisória

Abstract

The subject the objection of collective res judicata through an action to annul it was chosen due to address a topic little explored by Brazilian doctrine, nor depth by case law. Although Brazilian authors overly study, separately, the collective res judicata and the action for annulment of res judicata, so far there was not enough exploration of the interconnection between these two issues and of the problems that arise when the filing of the action for annulment of collective res judicata is necessary. Also the case law is scarce on the subject, not because there are no annulment actions of collective res judicata (in fact, there are several court precedents of annulment actions against res judicata formed in class actions), but because Brazilian Courts do not deepen the analysis of the specific problems that arise from the subject that will be studied. This study begins with a brief analysis of collective rights, conceptualizing and illustrating them, and then demonstrating that the protection of such rights is governed by a system of specific rules. Then, we will study the collective res judicata and the possibility of extending the scope of its authority to individuals who have had their rights protected in the action where the res judicata has formed. Finally, the action for annulment and the specific issues that arise when such action aims to deconstruct res judicata which was formed in a class action will be analyzed