Relief from judgment in the Italian civil procedure

criticism of the Italian system and possibility of reform in light of the new Brazilian Code of Civil Procedure

Abstract

The present essay is based on my dissertation entitled “La revocazione civile brasiliana come mezzo di gravame elastico”, which was written under the guidance of Professor Marino Marinelli. This essay aims to discuss, in a comparative key and in a de iure condendo perspective, the most critical points of the Italian action for rilief from judgment, in the light of the amendments made by the new Brazilian code of civil procedure in the discipline of the ação rescisória, in particular by analysing the type of decisions that may be vacated and the grounds on which the action is based, specifically the brazilian item of clearly violation a legal provision. As it will be demonstrated, the circulation of the Brazilian model, which is characterised by its flexibility, could provide interesting solutions to the legislative gaps which concern the decisions that may be vacated, as well as the ones created as a consequence of the power of the Corte di Cassazione to take decisions on the merits and as a consequence of the participation of Italy in the European Union.