O cabimento de ação rescisória nos Juizados Especiais Cíveis: uma análise normativa e jurisprudencial

Abstract

This research was conducted with the aim of analyzing the admissibility of the rescissory action in the Small Claims Courts, due to the express prohibition of art. 59 of Law 9099/1995. In this sense, this monograph aimed to verify the possibility of filing a rescissory action in the Small Claims Courts, as well as its processing in this system, in light of what is decided by the National Courts and what is provided for in the current legal system. To this end, this work begins by addressing the entire structure of the Small Claims Courts microsystem, analyzing its genesis with Law no. 7244/1984, the principles of speed, simplicity and orality, provided for in Law 9099/1995, as well as the jurisdiction of judgment and other characteristics inherent to the summary procedure. Consequently, the rescissory action, established in art. 966 of the Code of Civil Procedure, specifically, studying its concept and legal nature brought by classical doctrine, its hypotheses of admissibility and other general aspects, and the res judicata, which is essential for the understanding of this work. Finally, the understanding brought by the Supreme Federal Court to art. 59 of Law 9099/1995 was brought, in the judgment of Extraordinary Appeal No. 586,068/PR, Theme 100, and in the granting of the precautionary measure in ADPF No. 615. In summary, this monograph intended to critically analyze how the handling of a rescission action would take place in Small Claims Courts, through extensive bibliographical research in legislation and case law.