Novas linhas da coisa julgada civil: da relativização da coisa julgada e os mecanismos de rescindibilidade / New approaches of civil res iudicata: the relativization of res iudicata and the mechanisms of annulment

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The res iudicata, like the others institutes of procedural law, went through changes as time went by with the scientific evolution, and even its understanding has different meaning in time and space. The res iudicata is, undoubtedly, expression of judicial security in the scope of judicial proceedings, as well as it is a demonstration of the Democratic Estate of Law. The res iudicata, far from being absolute, is already relative as there is legal relief, but what is intended by doctrine is the relativization of the protection of res iudicata, without the legal permissive, under the argument that the sentences and their binding effect can be spoilt by absurd things, red-handed injustice, fraud and also offense towards the Political Charter. Far from ending the subject, the present study proposes the redimensioning of res iudicata, but not its suppression, and it justifies itself up against the current stage of Law, the incompatibility which exists between the formal and real truth, decisions which go against the Constitution in the decisum itself, allied with all this the indiscriminate acceptance by doctrine and jurisprudence of the proposal of the relativization of inconstitucional res iudicata, and for this to be achieved, reasonable parameters are established in abstract, not to serve only to specific cases, but also to avoid this way that in any hypothesis stated as unfair can be capable of corrupting the juridical security and the res iudicata can be revised without any objective or legal limits, and therefore the dangers of this direction shale be the social anxiety and the destabilization in the judicial relations, making the litigation ad infinitum. The mechanisms for the annulment of the sentences pointed as inconstitutional ones must be available in the judicial order itself and have its own boundaries, including the temporal ones, and vulnerable solutions cannot be accepted, not even defend the perpetual contest in order to derogate the security which comes from the judicial system itself

ASSUNTO(S)

coisa julgada -- brasil res iudicata direito processual civil processo civil -- brasil direito processual coletivo -- brasil

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