relativizationa of res judicata in environmental collective subject / Relativização da coisa julgada material e interesses metaindividuais ambientais

AUTOR(ES)

Larissa Crescini Albernaz

DATA DE PUBLICAÇÃO

2005

RESUMO

ABSTRACT The current study, under the bases of the Democratic State of Law, questions the effectiveness (judicial existence) of a judgment which may offend the guarantee of all human beings, including the future generations, to a healthy and balanced environment, even being covered by the immutability of the res judicata. The topic is under discussion in Brazil and it has caused polemic arguments, due to the fact that it focuses on an institute that is a rule for the Science of Law. Firstly, the res judicata was exposed concerning all its aspects; it was also presented its origin and development, as well as the differing viewpoints of the doctrine concerning such matter. Furthermore, it was inserted the collective jurisdiction theme and a chapter was reserved to deal with the environment. The study was finalized approaching the aspects involved with the problems to tackle the relativization of the res judicata in environmental subject, without forgetting to focus on the practical constitution. The paper was concluded by means of the exposure of criteria to the relativization of the res judicata according to this proposal.

ASSUNTO(S)

res judicata meio ambiente relativização direito relativization coisa julgada - brasil collective jurisdiction environmental

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