MESQUITA, M. L.; http://lattes.cnpq.br/3691373858863880; MESQUITA, Maria de Lourdes.
Résumé:
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.