QUERELA NULLITATIS IN BRAZILIAN LAW

Abstract

The present essay is an explanation about the Querela Nullitatis institute, passing, initially, by its controversial historical origin, by the discussions about the formation of the procedural legal relationship, by the studies on the existence, validity and effectiveness plans, as well as for the approach on the divergence in the terminology and the plan in which the mistake resulting from the lack of summons or invalid summons fits. All of these points are examined in order to establish what are the hypotheses in which the aforementioned impugnative action is applicable, which constitutes the core of the present work. In addition, the deadline for its handling and the competence for its judgment are also indicated.