A coisa julgada inconstitucional e o princípio da segurança jurídica

Abstract

Through bibliographic research, the present work has the objective of, developing a critical analysis, demonstrate the need for relativization of res judicata contrary to the value load of the Federal Constitution, which, by violating the principle of supremacy of the constitution, guiding principle of the legal order of the country, decision is absolutely void, incapable of producing any effect in the legal world. O that all acts of public authority, as well as must be in harmony with the Charter. This time, the judicial decision, act of the Judiciary, must also be submitted to the constitutionality, not assuming that his command is inconsistent with the text constitutional. The idea is to demonstrate that the decisum contaminated by the unconstitutionality is absolutely void, and can not be protected by the character immutability of the thing judged. The juridical juridical order does not tolerate that its precepts be violated with impunity. Thus, the invalidity of the pronouncement can be challenged at any time, representing a sui generis sanction, since that act will not be able to produce any effect. In addition, the that the res judicata is necessary to confer certainty and security internal relations is not able to ensure that the thing judged unconstitutional, absolute character. Not presenting absolute value in the national legal order, must be mitigated when it is necessary to give rise to higher values, such as those of constitutionality and the fairness of judicial decisions, are violated, all in the name of the harmony of the national legal system. In this sense, use of the principles of proportionality and reasonableness. Proven to possibility, in exceptional cases and at any time, to relativize judged, the following mechanisms are presented as the appropriate means: action termination, declaration of nullity, impugnation of compliance with judgment, and pre-executivity exception.