Abstract

SANTOS, Maria Celeste Cordeiro Leite dos  and  ROCHA, Paulo Muanis do Amaral. OPENING OF THE CASE OF ACTION AND PRECLUSIVE EFFECTIVENESS OF THE JUDGED THING. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.55-70.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.01.

The objective of this paper is to show whether or not the Federal Supreme Court of Brazil can extend the cause of action in direct (or indirect) actions of constitutionality. How this extension can be made and whether the res judicata should be observed, given that such extension was used in a previous case, attacking the same infra-constitutional law. To do so, with simplicity, but not leaving the depth aside, we will use the issue with a focus on national jurisprudence, comparative law and various doctrines. Finally, we will address objective and subjective actions and how the “erga omnes” effect occurs in these types of actions; whether only the parts of that particular process suffer the effects of the decision rendered there, or if the whole society will benefit from what was decided in that action and in what way.

Keywords : Res Judicata; Right of Action; Preclusion; Effectiveness; Pleading.

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