Supreme Court Analyzes Effects And Deadlines For Rescission Actions

On Wednesday, the Federal Supreme Court (STF) concluded the analysis of a Question of Order in Rescission Action No. 2,876. The order was raised by Reporting Justice Gilmar Mendes and concerned the constitutionality of provisions in the Brazilian Code of Civil Procedure (CPC) that establish the deadline for filing Rescission actions.

Rescission actions aim to annul final and unappealable judicial decisions in specific situations set forth in the CPC. They are, therefore, an exceptional legal remedy, although increasingly broadened by recent court rulings.

The point of order also addressed concerns about the time period that a rescission of a judicial decision could cover, considering the lengthy duration of legal proceedings that is common in Brazil.