Actio nullitatis

Abstract

The aim of this study was to analyze the dispute nullitatis institute and consequently the nullitatis actio in the Brazilian procedural law. He sought brief considerations about the historical evolution of nullitatis quarrel; bring positions of the doctrine on the concept and object of nullitatis quarrel; comment on the legal nature of nullitatis dispute in accordance with the position of the courts; discuss the issues that cause controversy as to the appropriateness of the nullitatis quarrel Institute; comment the quote of nullity and absolute nullity; understand (in) feasibility of bringing action for rescission; set the res judicata Institute and ways to challenge the unconstitutional res judicata; evaluate the institute of legal certainty; discuss the applicability of nullitatis dispute and the Brazilian legal order; demonstrate the permanence of nullitatis quarrel; address the nullitatis dispute institute the new CPC; understand the legal framework of the new CPC and nullitatis actio. The methodology consisted in the use of literature and appealed to the sources captured books, electronic items, periodicals etc. With the result of the research it was concluded that the process of cognition, is common, may be filed in the summary or ordinary procedure as to establish the amount of the claim - on competence due to the amount of the claim or in the implementation process, so if given by the Court, it is competent to hear the nullitatis and just dispute shall have jurisdiction of the Superior Courts when handed down by these same, even the Supreme Court, when the cause involve matters affecting the Federal Constitution