Coisa julgada inconstitucional: visão atual e na sistemática do código de processo civil de 2015

Abstract

The present work aims to address the subject of res judicata, notably of res judicata as unconstitutional, that which is contrary to rule of the Federal Constitution. The research assumes that the Magna Carta is on top of the legal system, and its about precept of coherence of the whole legal system. Argues that legal certainty, raison of the office procedure of res judicata, is not an absolute principle, and, in certain cases, assign space to other constitutional principles. This is the weighting of principles are observance of constitutional values and, consequently, the achievement of genuine legal certainty. This monograph, performed with discursive and theoretical deductive method of research, contextualizes the res judicata, the deal given by the doctrine and the jurisprudence in relation to res judicata unconstitutional, addressing the procedural instruments suitable to your review. In view of the adoption of the new code of Civil Procedure (Law nº. 13.105/2015), presented a number of amendments involving the res judicata, as well as the solution brought to the training cases of res judicata as unconstitutional