Eleitoral
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Page 47
Ação rescisória. Pedido. Registro. Chapa majoritária. Eleições municipais. Rejeição de contas. Câmara Municipal. Decreto. Posterioridade. Alínea g do inciso I do art. 1º da LC nº 64/90. Ação desconstitutiva após impugnação. Registro. Indeferimento. Mérito. Decisão do TSE. Nãoapreciação. Ação rescisória. Não-cabimento. Impossibilidade de se admitir a ação sob pena de esta se transformar em novo recurso contra o acórdão do Tribunal Regional, no qual esta Corte apreciaria questão antes não examinada por falta de preenchimento do requisito do prequestionamento (Acórdão no 124, de 14.8.2001). Precedentes nesse sentido: acórdãos nos 127, de 23.8.2001, relatora Ministra Ellen Gracie, e 158, de 7.10.2003, relator Ministro Barros Monteiro. "Para que a ação rescisória fundada no art. 485, V, do Código de Processo Civil prospere, é necessário que a interpretação dada pelo decisum rescindendo seja de tal modo aberrante que viole o dispositivo legal em sua literalidade" (RSTJ 93/416. Nota no 20, p. 504, do Código de Processo Civil de Theotônio Negrão e José Roberto F. Gouvêa, 35. ed.). "A ação rescisória não corrige eventual má interpretação da prova" (RSTJ 5/ 17. Nota nº 19, p. 504, do código acima referido). Inexistência de erro de fato, que pudesse enquadrar a ação no inciso IX do art. 485 do Código de Processo Civil. A decisão rescindenda não admitiu um fato inexistente ou considerou inexistente fato...
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