Wagner Júnior, Luiz Guilherme Costa2024-12-052024-12-052023SILVA, Tiago Alves da. A ação rescisória por violação de normas jurídicas diversas das legisladas. 2023. 361 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/511In possession of a rich bibliography and jurisprudential material, the work proposed to investigate whether the rescission action would be usable in the deconstitution of judicial decisions given in opposition to the legal norms different from those legislated; those produced outside the state legislative process, reaching the conclusion that the wording of item V of art. 966 of CPC/2015, alluding to the manifest violation of a legal rule, as a trigger for rescindability, does not allow for a literal interpretation. The rescission action is an instrument to control the meaning of the legal text used for the construction of the judicial solution. This excludes the possibility of rescinding a decision contrary to unwritten legal rules or those that, being written, such as business rules, cannot be interpreted without meticulous investigation of the factual elements that moved the will of the contracting parties, because in this type of legal relationship, the will of the parties overrides the literality of the resulting clauses. Also in relation to legal principles, even when the question of the form of externalization is overcome, admitting the rescission action, in addition to the need for a thorough factual investigation, the solution would be at the mercy of the ideological and axiomatic guidelines of the rescission judgment, converting it into an instrument rescission of wills, directly compromising legal certainty, which shapes the notion of law. The rescission action for violation of a legal norm is a technology of the State to assert its authority and commitments, expressed in the norms set by it, not differing from being the legislative or jurisprudential source. The deconstitution of res judicata – an instrument of legal certainty – through rescission action for violation of a legal norm, demands the concomitance of four elements: the state origin of the norm, the written form, the impossibility of challenging the justice of the rescinding decision and , above all, the dimension of the impacts of the rescinding decision in the legal order, committed to the protection of the market.ptSegurança-jurídicaCoisa julgadaNorma jurídicaAção rescisória