Still in the wake of the relativization of res judicata, the Federal Supreme Court (“STF”) has now decided that the final decisions of Special Courts may be invalidated when they are based on a legal norm, application or interpretation declared unconstitutional by the plenary of the STF, whether in diffuse or concentrated control of constitutionality, before or after the final judgment.
The argument used to reach this conclusion is quite simple: the position of the STF should guide that to be taken by the lower courts.
In the case of a final and binding decision, it is up to the interested party, within the same timeframe as the rescission action, to petition to inform the Supreme Court of its new position regarding compliance with the decision.
