Relativização da coisa julgada: análise crítica acerca da possibilidade de decisões transitadas em julgado serem revistas

Abstract

In this study, constructed from bibliographic search and case-law, are covered aspects of relativization of iudicata. The theme is introduced by analyzing complex investigative and doctrinal Institute iudicata, addressing the interaction between the principle of legal certainty, justice and iudicata. Explains that the thing has constitutional seat, by deeming it to be inserted in the list of fundamental rights and guarantees. At this point, the doctrinal differences are presented about the ordinary legislator stroke legal regime. Demonstrates that the study of iudicata material rises in importance for the understanding of the subject than the formal iudicata, since that, unlike the extraprocessuais effect. Expose the necessary assumptions and its boundaries so that a court order is subject to the effects of iudicata material, making it unchangeable and undisputed. Enters, then, means to judgments which have become res judicata, presenting the main aspects of the lawsuit, quarrel nullitatis, of the challenge on the basis of clerical error and of the challenge of sentence unconstitutional. Reaches the apex of search, of course without the pretense of exhaust the subject, be discussing about the possibility of disregard for the res iudicata outside of the situations envisaged, for the sake of Justice of decisions. Presents the theory of relativization of iudicata. Then an exposure of doctrinal arguments in favour of the relaxation, opposed to criticism of opponents of this theory. Expose the hipotheses of iudicata mitigation, emphasizing more on actions related to the membership demands judged to be baseless. Conclude indicating that only can be an expansion of hypotheses of revision of iudicata through legislative reform.