Ação rescisória e querela nullitatis

Abstract

This paper sets off from the premise that every process is likely to contain a defect or nullity, which reflects on the sentence finally rendered. Depending on the defect, the sentence is not even considered to be existent, preventing the very formation of res judicata. Thus, we seek to identify the defects that may tarnish the process and its effects. Based on this, we will analyze how they can be cured, by means of an analysis of the lessons brought by different authors and what the jurisprudence understands about them. Thus, in the first phase, we present the pillars of a process and the errors that may be caused. In the second phase, we examine and compare the remedies available to remedy them, always considering different teachings from authors and the understandings of the courts of the country