A coisa julgada e a inexigibilidade da obrigação reconhecida no título executivo judicial fundado em lei ou ato normativo considerado inconstitucional pelo Supremo Tribunal Federal, conforme o novo CPC

Abstract

The present dissertation aims to analise, based on an interpretation that is in accordance with the constitution and rooted on the principle of legal certainty the possibility of using the motion to set aside judgment after the 2-year statute of limitation. After enactment of the Law no. 13.105/15 (Code of Civil Procedure), procedural law began to allow the use of a motion to set aside judgment following a final decision of the Supreme Court that rendered the law or regulatory act unconstitutional, as long as the act or law had been the basis for the res judicata to be overturned. Based on this, is made an analysis of legal certainty, as a fundamental right, of its characterizing elements and also of res judicata, which is directly affected by the decision of unconstitutionality of the Federal Supreme Court, seeking to analyze the compatibility of the articles 525, § 15 and 535, § 8 of the Code of Civil Procedure, by allowing the motion to set aside judgment to be filed within a period of 2 years as from the final decision of the Supreme Court, in the exercise of constitutionality control. This situation would in all likelihood perpetuate the use of the motion to set aside judgment against a ruling in force.