Ação declaratória de inexistência

Abstract

The objective of this study is to demonstrate the importance of non-existent declaratory action, also named querela nullitatis insanabilis, which though not expressly provided in our legal system, derives from a systemic interpretation and reveals itself as an effective instrument to deconstruct sentences and non-cases for lack of procedural assumptions existence. We analyze the emergence of the action since the time of Filipinas and traced its historical evolution coming to an existing court system. We define also the nature of the action, which fits in the list of actions challenging autonomous. Although it is not disputed by the scholars, we also analyzed the main hypothesis of no place of action, which turns out to be the right instrument to remove our world sentences or processes that are beset with nonentities, with emphasis on the extrinsic and intrinsic defects, sentences uttered by a judge who is not the figure of the lawyer without power of attorney. For a better understanding of the work was necessary a brief explanation about the procedural prerequisites of validity, existence and negative, and we look at the action conditions.Another very important discussion that was inserted in this work is the possibility of fungibility of declaratory action of existence with the rescission action