In a recent judgment, Minister Luiz Fux discussed the time limit for filing a Rescissory Action when the STF later modifies the understanding on which the original court decision was based.
According to the Minister, the two-year time limit for filing the action is to be counted from the date of the final and unappealable decision in the original case, and not from the decision of the STF that subsequently changed the understanding on the subject, as provided for in articles 525, §15 and 535, §8 of the Brazilian Code of Civil Procedure.
As a result, the Minister considered these articles of the CPC to be unconstitutional – even reflexively – based on the constitutional principle of legal certainty. The counterpoint is that this understanding could result, in many cases, in the impossibility of a rescission action.
At the request of Minister Cristiano Zanin, the trial was suspended to be continued in an in-person judgement session.
Author: Ricardo Castro Ramos
