Ação rescisória e os precedentes judiciais: teoria geral, aspectos controvertidos e perspectivas de integração à luz do Código de Processo Civil de 2015

Abstract

After an analyze of general theory of Action for Relief from Judgment and Judicial Precedents, the focus of this work seeks to answer to the following question: What is the scope of the expression “legal rule” set out in subparagraph V, Article 966, of the Code of Civil Procedure? Does that indeterminate concept include the judicial precedents set forth in Article 927 of the Code of Civil Procedure? What is the extent and binding force of those precedents? Is the action for relief from judgment applicable in cases of violation of precedents? Are those precedents also binding upon arbitral awards? It is important to stress that this paper will not attempt to find one single answer for these problems (which, in our opinion, is virtually impossible under the science of Law), but rather find scientific direction with safer and more objective criteria and parameters for the studies involving this subject. The study on this subject is particularly relevant considering that this paper will attempt to converge two major systems of the civil procedure: one completely reformulated with the action for relief from judgment, and a completely new one, which is the precedents system