QUERELA NULLITATIS INSANABILIS: A SEGURANÇA DOS JULGADOS NA AÇÃO DECLARATÓRIA DE NULIDADE

Abstract

The purpose of this paper is to analyze the legal security of the judgment corrupted by an irreparable vice that has already progressed in res judicata, in relation to the use of the Querela Nullitatis Insanabilis - Declaratory Action for Nullity. Firstly, it presents the historical evolution of the Querela Nullitatis, as well as the comparative law in the countries that admit the use of the objection in comment. Furthermore, an observation is made regarding the use of the Declaratory Action for Nullity in the Brazilian judicial system, and its appropriateness in face of the process in which the defendant was found in default, considering the summons occurred in a null manner or in the complete absence of the notification. This study establishes an analysis regarding the absolute nullity in the civil suit and the distinction between nullity and annulability. It addresses the difference between the Rescisory Action and the Querela Nullitatis Insanabilis under the Brazilian legal system and its respective provisions. Subsequently, it issues a doctrinaire and jurisprudential analysis about the use of the Querela Insanabilis as a Declaratory Action of Nullity and not a Declaratory Action of Inexistence, also discussing the use of the objection in the impact upon the legal security of the object adjudicated. Finally, the research concluded that the use of the Declaratory Action of Nullity does not affect the legal security of the res judicata, behold, the res judicata cannot be considered an unquestionable dogma, therefore, the guarantee of the values and constitutional principles inherent to the individual must prevail in certain cases.