Dos efeitos futuros das decisões do STF sobre as relações jurídicas continuativas reguladas por decisão irrecorrível

Abstract

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.