Relativização da coisa julgada material: segurança jurídica x constitucionalidade das decisões judiciais.

Abstract

Watches is study that is the bottom relativizing the thing judged material. Those who depart from the place relativizing the institute as the primary legal instrument for implementation of the principle of legal security reasons from this assumption the nature of the constitutional thing judged as valuable and right in the Preamble and in art. 5 of the Constitution, as clause petrea, and as a guarantee of due legal process and the court itself activity. They are the opponents of relativizing that the examples cited in doctrine by relativistas nothing more than old acquaintances and devaneios academic taken by the Utopian notion of justice, and the Brazilian legislature has the option for justice possible, materialized in the thing judged, not by justice and abstract ideal pursued with the relativizing. Moreover, those in favor of easing the thing judged generally based their ideas on the principle of constitutionality, defending the creation of the control of constitutionality in court decisions, to remove the law those decisions that are contaminated by unconstitutional. There are, also, among the sponsors of relativizing, who while accepting the constitutional nature of the thing judged, argue the relativity of fundamental rights. For the latter current doctrinaire, no right is absolute, not even the thing judged, which expresses the essential value of legal certainty of luck that there is apparent conflict between this and any other constitutional principle, such as human dignity, both should be confronted, in search of proportionality and reasonableness. Finally, it is terminatina this test with a view on the possibility of relativizing the thing judged.