INADEQUACY OF THE RESCISSION ACTION AS AN INSTRUMENT FOR CESSING THE TEMPORAL EFFICACY OF INDIVIDUAL RES JUDICATA IN SUCCESSIVE OR CONTINUOUS RELATIONSHIPS

Abstract

This article aims to demonstrate the inadequacy of the rescissory action as an instrument for ceasing the temporal effectiveness of individual res judicata in successive or continued relationships, demonstrating that the appropriate instrument is the declaratory action for cessation, also called a revisional action, in accordance with Art. 505, I of the 2015 code of civil procedure, since this instrument aims to interrupt the effects of the res judicata prospectively, preserving the effects generated until then and recognizing the diffuse control of constitutionality. In addition, the article seeks to demonstrate that the application of Summary 343 of the STF is correct in relation to constitutional norms, despite the Supreme Court applying it only in relation to infraconstitutional norms. Furthermore, it criticized Themes 733, 881 and 885 judged by the Supreme Federal Court, demonstrating the need to express in the decision with binding effect the cessation of the temporal effectiveness of the res judicata in successive or continued relationships, or if this is not done in the decision itself, to cease them individually by means of a revisional action that generates the possibility of new action based on new cause of action.