Meios de impugnação da coisa julgada inconstitucional

Abstract

This monograph, constructed from literature and jurisprudence, seeks to draw a current profile of the controversial issue of res judicata unconstitutional. We began with the doctrinal analysis of investigative nature, complex institute of res judicata, addressing the dichotomy between rules and principles. We also analyze the fundamental principle of legal certainty, linking it to the principle of justice so dear to the Democratic State of Law. We entered then the analysis of res judicata unconstitutional, based on the principle of supremacy of the Constitution, we present the concept of this institute and the reasons for the need to relativize it to make justice prevail in court decisions. We deal with due thoroughness, the four 'species' of res judicata unconstitutional, exposing the many facets through which the vice of unconstitutionality can permeate the sentences. Reaching the apex of this research, we explain promptly, but without the pretension of exhausting so rich matter, the procedural means of impugnation the sentence unconstitutional become res judicata. To make our exposition more didactic, we decided to split the traditional means of impugnation in two groups, namely, the traditional means of impugnation of the res judicata unconstitutional, in other words, those who are already positivized in Brazilian law, and proposed innovative doctrinal which arise from the creativity of procedural doctrine, in its eagerness to see the supplied current legislative omission as regards the regulation of its own means of impugnation of the res judicata