A coisa julgada e sua relativização.

Abstract

The research aims to relativizing the main focus of the institute of thing judged. The relativizing occurs when the decision handed down at trial and is liable to a new discussion or modification. This discussion can be given to the use of action rescisoria. Moreover, is the phenomenon of something happening when judged unconstitutional certain judgments are made based on laws contrary to the express wording of the Magna Carta. Before this case, it would be unfair to keep a decision contrary to constitutional rule or based on false evidence only that it is protected by the mantle of thing judged. It is understood that the goal is to provide state fair legal guardianship must establish the truth of the real facts about the decision acobertada the thing judged. Finally the methodology employed in this work is to examine the doctrinal aspects, legal and legal on the theme, are using the methods exsgeticolegal and historical-rolling.