A relativização da coisa julgada inconstitucional

Abstract

This research project has set out the new paradigms of the Civil Procedural Law by relativization of unconstitutional res judicata. Analyzing the exceptional case scenario of easing and the peculiarities that surround it, in the face of immutable and indisputable nature of res judicata institute. Although the matter is not found pacified among scholars, the patriotic Courts have ticking the feeling of acceptance, formalizing gradually understanding of res judicata unconstitutional. From the perspective of Liebman's theory and developed from the theory of principles fold up the balance of constitutional principles when in conflict, seeking to harmonize it and not push it under any circumstances, based solely on the immutability of the decisions because of it judged. In defense relativization whether to propagate the ideal justice not only through the abstract sense of justice imbued in part in litigation, but mainly through fair decisions and in accordance with the emanated of the Federal Constitution.