Relativização da coisa julgada: a questão da segurança jurídica

Abstract

This study explores the phenomenon of relativization of res judicata as opposed to legal certainty. For that we dealt with him to the historical evolution of the institute, through its implementation and making a direct parallel with the res judicata. Study was performed on dissected issue of res judicata, from concept to its limits. It made a reflection on the relativity of res judicata from motives that lead to flexibility especially concerning the actions of a paternity dispute and the declaration of unconstitutionality of the law on which it based the trial. It was the means of rescindibilidade of res judicata, including: action for rescission, annulment action, injunction, action for breach of oral arguments and quarrel and fundamental precept nullitates explaining one by one. The importance of this research is the need to verify that the relativization of res judicata can endanger legal certainty.