Impugnação à decisão inconstitucional: análise da aplicação do §12 do art. 525 e §5° do art. 535 do CPC à luz da ar 2.876 do STF e seu impacto na segurança jurídica

Abstract

This paper critically analyzes the application of §§ 12 and 15 of article 525 and §§ 5 and 8 of article 535 of the CPC in light of the theses established by the Supreme Federal Court in Rescissory Action No. 2,876, focusing on their impact on res judicata and legal certainty. The study departs from the premise that res judicata is a central instrument for ensuring the stability and predictability of legal relations, challenged by the need for constitutional conformity. The research explores the distinction between original and supervening unconstitutional res judicata and examines the implications of its relativization, including the modulation of effects and the expanded scope for challenging judicial decisions. Finally, it discusses doctrinal criticisms of the Supreme Court’s interpretation, especially regarding the admissibility of challenging enforceability even after a final judgment, and the redefinition of the rescisory action's time limit. The study concludes that, although intended to uphold constitutional supremacy, these mechanisms may undermine legal certainty and should be applied with restraint and only in exceptional cases.