Control of decisions already precluded by res iudicata and that were justified on statutes later founded to be unconstitutional by the Supreme Court

Authors

  • Fabiano Carvalho

Keywords:

Unconstitutionality, unconstitutional res judicata, direct unconstitutionality action, rescissory action, rescindable decision, modulation of the effects of the declaration of unconstitutionality

Abstract

The purpose of this study is to examine the rescindabilty of final court decisions which are based on a norm declared unconstitutional by the Supreme Court, by means of concentrated control over constitutionality (Direct Unconstitutionality Action). An examination is also made of the consequences of the temporal modulation of the effects of the decision of constitutionality and its interference in the admissibility of the rescissory action.

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Author Biography

Fabiano Carvalho

Professor of Civil Procedure at the Fundação Armando Álvares Penteado, Brazil. Ph.D (Pontifícia Universidade Católica de São Paulo, Brazil). Practicing Lawyer.

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Published

2010-09-05

How to Cite

CARVALHO, F. Control of decisions already precluded by res iudicata and that were justified on statutes later founded to be unconstitutional by the Supreme Court. Civil Procedure Review, [S. l.], v. 1, n. 2, p. 58–73, 2010. Disponível em: https://civilprocedurereview.com/revista/article/view/50. Acesso em: 22 jul. 2024.

Issue

Vol. 1 No. 2 (2010)

Section

Artigos