Banca de QUALIFICAÇÃO: JOAO VICTOR GOMES BEZERRA ALENCAR

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOAO VICTOR GOMES BEZERRA ALENCAR
DATE: 14/10/2021
TIME: 16:15
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

Termination action for unexamined legal issue

KEY WORDS:

 Rescission action. Legal issue not examined. Constitucional guarantees of the process.

PAGES: 229
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The 2015 Code of Civil Procedure was modified by Law No. 13.256/2016. The change to be analyzed by the dissertation is the one that inserted the §§5º and 6º to the article n. 966, V, of the CPC, creating the rescission action for a legal issue not examined. Through the analysis of the §5º, it is possible to interpret that the violated legal rule is a binding precedent. The §6º, in this turn, defines that this violation will occur when this precedent is not analyzed, that is, when it constitutes an unexamined legal issue. In this sense, through the application of the hypothetical-deductive method, it is intended to identify, in the light of articles 5º, XXXV and XXXVI of the Federal Constitution, if the rescission action can be used as a technique of distinguishing or overruling of precedents; if the res judicata, presupposition of the rescission action, can be directly related to the precedents from the functional point of view; if, in the current form, the rescission action would not be exercising the same function as the appeals; and, finally, to understand what is the constitutionally adequate normative content for the current wording of the institute. It is concluded, then, that the rescission action is not a technique for overruling precedents; that the res judicata and the precedents are not on the same normative and theoretical plane; in the current wording, the rescission action works as a new appealing way of interpretation; and its normative content is the correction of error in judgment, by exhausting all possibilities of challenge in the ordinary jurisdiction.

BANKING MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES