BRIEF REFLECTIONS ON THE TERRITORIAL LIMIT OF THE THING JUDGED IN PUBLIC CIVIL ACTION IN LIGHT OF THE UNDERSTANDING OF THE SUPREME FEDERAL -TOPIC 1075 OF GENERAL REPERCUSSION.

Abstract

The purpose of this article is to study the judgment of the Topic 1075, of General Repercussion, by the Federal Supreme Court, in which the constitutionality of article 16 of the Public Civil Action Law was analyzed, after the amendment introduced by Law 9494/1997, which created territorial limitation for the effects of res judicata in civil judgment. It will be seen that, in honor of the constitutional principles of isonomy, legal security, access to justice and efficiency, the Federal Supreme Court decided that the mentioned legislative amendment was unconstitutional, granting the case a repristinatory effect, based on the concern with the protection of transindividual rights. To this end, the article will study the different positions of the doctrine on the subject, as well as the reflections brought about in the judgment of Topic 1075.