A relativização da coisa julgada no Direito Processual Civil Brasileiro.

Abstract

The considered thing is one of the main Justinian codes of the Civil procedural law Brazilian. It is expression of the democracy of a people, and brings security to the legal system of the country where she will be inserted. This study it has for target to conclude i f it is permissible and predominant the acceptance of the relativizacao of res judicata. The present research was carried though from legal, doctrinal and jurisprudenciais studies, being used the technique of the fichamento. Point of prominence of the Civil procedural law was verified that the relativizacao of the considered thing is currently, Brazilian, therefore it allows, for example, to reactivate a jprocess that already was lowered (filed), also, being able to be carried through new tests, being this one of the main beddings of the innovation. The relativizacao of the considered thing observes some of the most excellent principles of the Civil procedural law Brazilian, as of the Exploitation of the Procedural Acts, of the Procedural Economy, the Celeridade and of the Effectiveness of the Process, as well as the Theory of the instrumentalidade of the Process, and still it contributes of insofismavel form to facilitate the access to Justice, the predominant, and that almos total unisonous doctrine in accepting the innovation.