Da inexigibilidade do título judicial inconstitucional e a segurança jurídica.

Abstract

The Judged Thing is considered one of the fundamental dogmas of the Right. But it is necessary to answer to the question that comes from the in case judged, that produces injustices, that it hurts the Federal Constitution of 1988. It is necessary, still, to understand, of the inherent consequences to the juridical safety, due to a decision contrary to the juridical order. Through the use of the procedure methods and juridical, with focus in the documental research of primary and bibliographical sources, the present study analyzes the institute of the judged thing and the juridical safety's beginning, starting from the innovation introduced by the article 741, only paragraph, of the Code of Civil Process, that considers disable person the judicial title, that he/she has for base, unconstitutional declared law for E. Supreme Federal Tribunal. It cracks of the presupposition that the acts of the Public Power should be in consonance with the beginning of the Supremacy of the Constitution. It proposes the constitutional adaptation of the Judged Thing, respecting the other beginnings of the Larger Law, inherent to the good-faith, morality and human dignity.