A possibilidade de relativização da coisa julgada nas ações de investigação de paternidade.

Abstract

The present monograph deals the discussion about the possibility of relativizing res judicata in investigative paternity action rejected for lack or insufficiency of evidence, given the advent of DNA testing. It examines also the main features of res judicata and the in the Brazilian legal system to theoretical discussion. The critical point of this research is the confrontation between the principle of legal certainty based on the immutability of res judicata and the principle of human dignity based on the individual's right to know his paternity. This confrontation led to the existence of two current doctrine and jurisprudence on the acceptance of the modification of res judicata in these actions. This work is anchored in the main Brazilian doctrines dealing with this issue in the 1988 Federal Constitution, in legislation, in particular the Code of Civil Procedure and the Civil Code and the decisions of the courts. The method used in the research was the deductive logical. In what i f it relates to the field of academic inquiry in the scope of Legal Sciences used the dogmatico-legal one, has seen that the study sources had been the rules of law civil court jurisdiction, procedural and constitutional, the history of the establishment of this legal branch, the legal and doutrinal interpretation concerning objects main and secondary of this work. Objective, therefore, to elucidate, from the analyses of the legislation, the main doutrinadores and decisions of the Brazilian courts, the possibility or not of the relativizacao of the thing judged in the actions of inquiry of paternity in face of the sprouting of the DNA examination, in view of the most special character of the right to the filiation and, in antagonistic direction, the legal security.