Ação rescisória fundada em entendimento posterior do STF e a Teoria Tridimensional do Direito

Abstract

The present work has as its scope the outline of the hypothesis brought by §15 of art. 525, combined with art. 966 of the 2015 Code of Civil Procedure (Law No. 13.105 / 2015, “CPC/15”), which set forth the motion to reconsider res judicata, from the standpoint of Professor Miguel Reale's Three-Dimensional Theory of Law. The amendment to CPC/15 led to the inclusion of this hypothesis of motion to reconsider res judicata based on a final decision prior to the declaration of unconstitutionality or incompatibility with the Federal Constitution, by the Federal Supreme Court (“STF”), in control of concentrated or diffuse constitutionality. What this work aims to shed more light are the limits to which the termination decision is subject, in view of the postulate already established before the Supreme Court that the formal law enjoys the presumption of constitutionality until a declaration on contrary. However, the great challenge was to demonstrate the alignment and misalignments of this particular hypothesis of action with the well and widely known jus-philosophical line of thought of Professor Miguel Reale, i.e., the Three-dimensional Theory of Law. This theory establishes that a given legal fact (“Fact”) will be intrinsically related with the legal rule that defines it (“Legal Rule”) and with its values aspects (“Value”). Also, this work aimed to demonstrate the discussion of this hypothesis of Motion to reconsider res judicata in the current case law. Therefore, in view of art. 525, § 15 CPC/15 and the Three-Dimensional Theory of Law, the present work presents the concepts and permeability of one legal rule guard in relation to the other, notably from the perspective of legal certainty, the res judicata, the supremacy of Federal Constitution, and also in view of the case law