Ação Rescisória: Resumo

In this summary, we address the Rescissory Action. Don't forget to follow our work: on Instagram: www.instagram.com/proftorques/ on Telegram: https://t.me/dpcparaconcursos -- In summary, main points: -- AUTONOMOUS MEANS OF CHALLENGING A JUDGMENT Purpose: to overturn a judgment protected by res judicata and obtain a new judgment. Judgments: 1st - admissibility judgment – ​​verification of the appropriateness of the rescissory action; 2nd - rescinding judgment – ​​overturning of res judicata; 3rd - rescissory judgment – ​​new judgment GROUNDS FOR ADMISSIBILITY 1) Judgment on the merits by the judge rendered due to prevarication, extortion, or corruption of the judge. 2) Judgment on the merits by a judge who is disqualified or absolutely incompetent. 3) Judgment on the merits resulting from fraud, coercion of the winning party, or simulation between the parties. 3) Judgment on the merits offending res judicata. 4) Judgment on the merits manifestly violating a legal norm. 5) Judgment on the merits based on demonstrably false evidence (in criminal proceedings or in the rescissory action itself). 6) New evidence capable of securing a favorable ruling that, at the time of the original proceedings, the plaintiff was unaware of or could not use. 7) Judgment on the merits based on an error of fact extractable from the original records. EXHAUSTIVE LIST ANNULMENT ACTION – for homologatory judgments that fall under the above hypotheses. PARTIES LEGITIMIZED TO FILE A RESCISSORY ACTION a) party in the original proceeding b) successor of the party by universal or singular title c) third party with a legal interest d) Public Prosecutor's Office, when: i) it was not heard in the proceeding when intervention was mandatory; ii) the judgment is the result of simulation or collusion between the parties; or iii) it is a case of the Public Prosecutor's Office acting as guardian of the legal order. iv) the party did not participate in the proceeding in which they should have been heard. STATUTE OF LIMITATIONS OF 2 YEARS - counting rule: from the date of final judgment. exceptions: a) from the discovery of or access to new evidence; b) from the date the interested party became aware of the simulation or collusion. PROCEDURE: 1) Filing. 2) Registration and distribution to a rapporteur. 3) Admissibility of the action and analysis of the request for provisional relief (if applicable). 4) Summons of the defendant to respond (15-30 days) 5) Report 6) Sending a copy of the report to the other judges. 7) Evidentiary proceedings (if applicable). Possibility of issuing a letter of request (1-3 months). 8) Final arguments within a successive period of 10 days (plaintiff-defendant) 9) Judgment. 9.1) If unanimously rejected, inadmissible, or dismissed, the 5% reverts to the defendant. 9.2) If granted, the 5% is returned and, if applicable, a new trial is held. -- Good studies! #rescissoryaction #cpc #civilprocedure