A desconstituição da coisa julgada à luz do princípio da proporcionalidade.

Abstract

In this research analyzes the deconstitution of res judicata in light of the principle of proportionality. The research was guided by the following objectives: to address issues essential to the understanding of the subject, such as res judicata, its definition, species, legal, purposes and limitations, review the Office of the relativization of res judicata; deal with the clash of doctrine which examines the ability or inability to dismantle the thing deemed unconstitutional; present the instruments indicated by the doctrine to dismantle the thing deemed unconstitutional (declaratory action and appeal to the execution of a sentence, among others) to observe the principle of proportionality in deconstitution of res judicata, recommending its use to the detriment of the principle of legal certainty, to be the most appropriate instrument to dismantle the thing deemed unconstitutional and that the best guarantee social harmony. The research consists of, in terms of theoretical framework, the works of renowned national scholars, law and information contained in articles published in specialized websites. The scope of the proposed activity, appeared to use appropriate methods literature, exegetical and legal and collection of data was accomplished through desk research. It should be noted that the topic is relevant, considering that is the center of discussions, making the activity of law-creating contemporary procedural. Finally, the research conducted, there was confirmation of the problem and the situation developed, namely: problem - Is it possible to dismantle the thing deemed unconstitutional? Hypothesis: Yes, pointing to the principle of proportionality as the most appropriate instrument to dismantle the thing deemed unconstitutional.