UMA ANÁLISE DA AÇÃO RESCISÓRIA À LUZ DA SÚMULA N.º 343 DO STF E DO INFORMATIVO N.º 840 DO STJ: reflexões sobre a controvérsia temporal

Abstract

This paper analyzes the application of Supreme Federal Court Precedent 343 in the context of the action for rescission, focusing on the interpretation reaffirmed by the Superior Court of Justice in Informative Report No. 840. It seeks to answer the following question: what is the relevant temporal milestone to determine the possibility of rescinding a judicial decision in light of subsequent jurisprudential changes? The research, based on bibliographic and jurisprudential sources, demonstrated that the criterion adopted by the STJ is the date of publication of the challenged decision, not the date of its res judicata. It was found that decisions rendered in a scenario of jurisprudential divergence cannot be rescinded due to later uniformity of interpretation, even if already final and binding. The doctrinal analysis revealed divergent positions, but the prevailing understanding is that the non-retroactivity of precedents safeguards legal certainty, res judicata, and trust in the Judiciary. It is concluded that fixing the temporal milestone strengthens the stability of legal relations and ensures predictability in the control of judicial decisions.