Trabalho de Conclusão de Curso de Graduação
Dos efeitos futuros das decisões do STF sobre as relações jurídicas continuativas reguladas por decisão irrecorrível
Autor
Farret, Julian Ritzel
Institución
Resumen
This work takes care of the possible future effects that the Supremo Tribunal Federal’s
decisions may cause over the continuative relations regulated by a final judgment. Once
proposed the subject, we found that the res judicata’s objective limits keeps close relation
with the category of legal relationship deduced in court. Therefore, we sought for a technical
definition of the continuative relations mentioned in the article 471, I, CPC. In a second step,
once defined these relations as successive relations, ie immediate relationships periodically
repeated, we tried to find the objective and temporal limits of the res judicata which wraps the
decision that regulates this sort of legal relation. Then we tried to identify which legal
phenomenon might represent a change in the state of law mentioned in the article 471, I, CPC.
We detected, thus, that the change in the state of law must essentially represent a change in
the legal order itself. Changes in the state of law, hence, are nothing less than the legislative
change and the supervene of some of the decisions of the Supremo Tribunal Federal,
depending on the form of constitutionality control. Finally, the conclusion of this work is that
the supervening decision of the Supremo Tribunal Federal, depending on the sort of
constitutionality control in which the decision is taken, has the power to change the legal
order and, therefore, stop the res judicata’s prospective effects.