THE ACTION FOR REVERSAL OF ARTICLE 525, §15 OF THE CPC: CONFLICT BETWEEN RES JUDICATA AND CONSTITUTIONAL SOVEREIGNTY IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This scientific article investigates the conflict between res judicata and constitutional sovereignty in the context of the action for reversal provided for in article 525, §15 of the Brazilian Code of Civil Procedure (CPC). It proposes to address the following question: Does this action for reversal, by allowing the review of final and unappealable decisions in cases of unconstitutionality, violate the principle of res judicata, or, on the contrary, does it protect constitutional sovereignty? The objective is to analyze whether the unconstitutionality of a given matter can justify the disregard of res judicata, as established by the aforementioned provision. The methodology involves the analysis of works that address constitutional sovereignty, res judicata, and the use of the action for reversal, such as classic writers, contemporary doctrines, and the jurisprudence of the Federal Supreme Court. It is concluded that it is crucial to carefully weigh the fundamental elements to form an opinion on the (un)constitutionality of this provision in the light of the Constitution itself. The complexity of the issue and the need for a careful approach that considers not only the principles of res judicata and constitutional sovereignty but also the legal nuances and practical repercussions of their interactions are highlighted.