A desconstituição da coisa julgada em ações de investigação de paternidade no Brasil: Del judicio de revisión en proceso de investigación de paternidad em Brasil
Doctrine and jurisprudence are inclined to find appropriate solutions to surpass the immutability of certain decisions. In some moments, put colliding values that, in proportionality of legal certainty, may surpass it. Consequently, although the regulatory system present solutions for deconstitution...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2013
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5475835 |
| Source: | Derecho y Cambio Social, ISSN 2224-4131, Año 10, Nº. 34, 2013 |
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| Summary: |
Doctrine and jurisprudence are inclined to find appropriate solutions to surpass the immutability of certain decisions. In some moments, put colliding values that, in proportionality of legal certainty, may surpass it. Consequently, although the regulatory system present solutions for deconstitution of res judicata, we know that there is the intention to abandon the mechanisms provided in order to deconstitute res judicata when it is declared unconstitutional, for example when it is against human dignity right. Notebly, a recent decision of the braziliam Supreme Court allowed deconstituted one judged, used only constitucional principles, without action for rescission,. There are many questions and, briefly, in this article, we want to counte the decision of the Supreme Court, with the solutions presented by doctrine and jurisprudence about this subject. |
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