Coisa julgada parcial no processo civil

Abstract

This thesis, which deals with the partial res judicata under the civil process point of view and only in individual claims, does not reach the scope of the motion to vacate a judgment, begins with the historical evolution of the institute and analysis of its presence in the Codes of Civil Procedure of 1939 and 1973. Soon after, the more relevant constitutional and procedural beginnings are analyzed in order to link them to the res judicata. In order to make a profound study, we assessed the judicial decisions, in a complete classification, from the interlocutory, including the anticipated judicial protection, where the possibility of its stabilization is analyzed, up to the sentence in all its forms. The institute of the res judicata is approached by its concept, effects, juridical regime, objective and subjective limits and, finally, the relativization of the res judicata. After a comparison with foreign law, we go to the effective analysis of the theme being studied, partial res judicata, confronting it with institutes that can receive its influence in a more direct and specific way, beginning with the anticipated judicial protection, and then to the sentence and finishing with the resources