Relativização da coisa julgada no Estado Democrático de Direito: avanço ou retrocesso?
The question of relativization of the res judicata is awakening great interest between the operator of law and, at the same time, requiring study and reflexion of the institutes of Processual Law in the Democratic State of Law. But only after a thorough analysis of each question, it will be possibl...
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| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2007
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4047035 |
| Source: | Meritum, ISSN 2238-6939, Vol. 2, Nº. 1, 2007, pags. 65-83 |
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| Summary: |
The question of relativization of the res judicata
is awakening great interest between the operator of law and,
at the same time, requiring study and reflexion of the institutes
of Processual Law in the Democratic State of Law. But only
after a thorough analysis of each question, it will be possible
to find in the adequate processual enviroment to be called
upon, before the injustice, inexistence and inconstitutionality
elements. If possible, the relativization of the res judicata
and the inclusion of the controversy in the hypothesis of
openning a judgement specified in the art. 485 of the Civil
Procedure Code. The relativization shakes the hallowing
overstatement of the final decision on merits, as well as
requiring joint efforts, where concepts and theories are
replaced and renewed. Not scarcely, the renewal is done
basing in the old rejected conceptions or as an answer to
them, showing the rising importance that the Procedure Law
institutes acquired at the contemporary time, however, not
having achieved its ascending movement apex yet. |
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