Relativização da coisa julgada

Abstract

This monograph aims at the proper understanding of the Institute of Judged Thing, linked to the principle of legal certainty and essential to the Democratic Rule of Law, an institute that cannot be seen in an absolute manner, susceptible to revisions. In this sense, it explores, in a doctrinal and urisprudential way, legal means that lead to the removal of the Judged Thing related to unfair, immoral, unconstitutional decisions. It classifies the classic sentence types and specifies the res judicata theories. It exposes the flexibility of res judicata that affronts fundamental rights and the Supreme Court’s understanding in relation to paternity investigation action without carrying out DNA, judgments that fix against the State undue or exorbitant compensation and, finally, protection constitutional of res judicata in relation to the principle of irreducibility.