A Relativização da coisa julgada

Abstract

The defense of the importance of res judicata to the civil procedure, working as the acting institution naturally linked to the juridical safety and its ideals executer concerning the juridical and procedural relations, is the great theme to the current work. The process will never reach its main goal, to completely decide the citizen’s interests conflicts, if it doesn’t count with efficient mechanisms to stabilize the demands. The theoretical proposals of turn into relative the res judicata, faked under the excuse of offering privileges to supposed more important values, as the justice and constitutionality of the judicial decisions, do not consider that without safety there is no respect to the current constitutional order. Therefore, there is no way to turn into relative the res judicata, under no excuses, without the modification of the current juridical and procedural system.