Súmula vinculante versus coisa julgada: um estudo sobre o conflito estruturado a partir da edição do quarto enunciado vinculante

Abstract

This work aims to analyze two important institutes of the national legal system, namely, the binding precedent and the res judicata. Although such institutes work in favor of the stability of legal relations, in some cases, they may end up presenting opposing commands, a situation that brings the question: which one shall prevail? Recognizing the impossibility of electing an applicable response to any legal battle by them protagonized, we focus on the analysis of binding statement nº. 4, published in April 2008, intending to offer, at least there, a satisfactory answer.