Querela Nullitatis: uma visão contemporânea e prática sob a óptica do novo Código Processual Civil

Abstract

The objective of this research is to show how querela nullitatis can reestablish a right and resume the course of an action that has already become res judicata, by virtue of a non-existent event. Not only the declaratory action itself, but the developments arising from such a projection can modify rights considered static, and can even generate effects against third parties that have nothing to do with that dispute. Therefore, how third party interventions, anticipated relief, access to justice and other procedural issues are seen and used in a querela nullitatis. The main mistake remedied by querela nullitatis is the lack of correct citation, which leads to procedural inexistence, in view of the non-formation of the procedural triple. If judged well-founded, the existence will be called into question, much will change and the res judicata, so obstinate, will have to be seen differently, it will made flexible and the process seen as non-existent