In an article published in the Consultor Jurídico magazine (ConJur), our partner Tatiana Del Giudice Cappa Chiaradia commented on the judgment handed down by the Federal Supreme Court on February 8, 2009 on the relativization of res judicata, authorizing the immediate cancellation of final and unappealable decisions when the Supreme Court finds otherwise in a direct action or in a general repercussion case.

Tatiana said that res judicata is a fundamental guarantee, which cannot even be the subject of an amendment to the Constitution. “By allowing it to be automatically relieved, as decided by the STF, the court has surpassed the Constitution and the federal procedural legislation itself.”<

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