TERMINATION ACTION AND OVERCOMING JURISPRUDENCE

Analysis in the Light of STF Precedent 343

Abstract

The rescission action, provided for in article 966 of the Code of Civil Procedure (CPC), is an exceptional procedural instrument that allows for the deconstruction of final court decisions when they contain defects that compromise their legitimacy. Precedent 343 of the Federal Supreme Court (STF) establishes that an action for rescission for an offense against a literal provision of law does not lie when the rescinded decision is based on a controversial interpretation. However, the STF has relaxed this precedent, allowing rescission actions in cases of literal violation of a constitutional rule, especially when there are developments in case law. This article analyzes the implications of this flexibilization in the context of the rescission action, based on the judgment on the interpretation of Article 8 of the Transitional Constitutional Provisions Act (ADCT), and discusses how the overcoming of jurisprudence can justify the revision of previous decisions. The research emphasizes the relationship between legal certainty and material justice, proposing a balance between the stability of judicial decisions and the need to correct injustices. Finally, it highlights the importance of a dynamic legal system aligned with constitutional principles.