AGU Explica - Ação Rescisória

Summary

The video explains the concept of 'ação rescisória,' a legal action aimed at modifying a final judgment. Unlike an appeal, this action can only be taken after a decision has been finalized. It can be filed by parties involved in the case, their successors, or the Public Prosecutor's Office in specific scenarios, such as fraud or failure to intervene when required. The action must be filed within two years of the final decision and can be used when the decision violates legal norms, involves fraud, or is based on false evidence. The process is handled by the court that issued the original judgment.

Takeaways

• 😀 The action rescission (ação rescisória) aims to modify a decision that has already been finalized (transitado em julgado).
• 😀 Unlike an appeal, which challenges a decision before a process is complete, an action rescission applies only to finalized cases.
• 😀 The action rescission is always judged by a tribunal, not by a single judge at the first instance.
• 😀 Only the tribunal that made the original decision has the authority to judge the action rescission.
• 😀 Individuals who were part of the process, their successors, or those who were not heard but should have been, are eligible to file an action rescission.
• 😀 The Public Prosecutor's Office (MP) can propose an action rescission in certain situations, such as when it wasn't heard or when the decision results from fraud or collusion.
• 😀 The right to file an action rescission expires two years after the final decision in the case.
• 😀 The new Civil Procedure Code (CPC) lists specific cases in which a decision can be rescinded, such as corruption or when the judge was incompetent or biased.
• 😀 A decision can also be rescinded if it was based on fraudulent evidence or a false document discovered later.
• 😀 A new piece of evidence that was not previously available and could result in a favorable decision can also justify an action rescission.
• 😀 Action rescission can be applied if a decision violates a legal norm, even when based on repetitive judgments, summaries, or prior decisions that are deemed incorrect under the new CPC.

Q & A

What is the purpose of an 'ação rescisória'?

The purpose of an 'ação rescisória' is to modify a decision that has become final (i.e., a decision that has already passed through all appeals and is no longer subject to challenge).

How does an 'ação rescisória' differ from an appeal?

An appeal is used to challenge a decision while a case is still ongoing, whereas an 'ação rescisória' can only be used once the case has already concluded and the decision has become final.

Who is responsible for judging an 'ação rescisória'?

An 'ação rescisória' is always judged by a court (tribunal), not by a single first-instance judge.

Who is eligible to file an 'ação rescisória'?

Eligible parties to file an 'ação rescisória' include those who were parties in the original case, their successors, third parties with a legal interest, and the Public Prosecutor's Office (MP).

In what cases can the Public Prosecutor's Office propose an 'ação rescisória'?

The Public Prosecutor's Office can propose an 'ação rescisória' in cases where it was not heard in a case where its participation was mandatory, when a decision resulted from fraud or collusion between the parties, or in other situations where its intervention is required.

What is the time limit to file an 'ação rescisória'?

The time limit for filing an 'ação rescisória' is two years after the final decision in the case.

What does the new Civil Procedure Code (CPC) state about the 'ação rescisória'?

The new CPC lists specific cases where a final decision can be rescinded, such as corruption, prevarication, or incompetence of the judge, violation of res judicata, manifest violation of legal norms, or when a decision was based on false evidence.

Can an 'ação rescisória' be filed if a decision was based on a false document or evidence?

Yes, an 'ação rescisória' is allowed if the decision was based on false evidence, which is later proven through criminal proceedings or discovered during the rescisory action itself.

Is it possible to file an 'ação rescisória' based on new evidence discovered after the final judgment?

Yes, it is possible if new evidence emerges after the final judgment that could have resulted in a favorable decision for the party, and the party was unable to present it earlier.

Can an 'ação rescisória' be filed based on a decision that violated a legal norm?

Yes, an 'ação rescisória' can be filed if a decision manifestly violates a legal norm, including decisions based on summative precedents or judgments in repetitive cases.