Da relativização da coisa julgada nas ações de investigação de paternidade.

Abstract

This work ahead brings the quarrel on the relativizagao of the considered thing of the sprouting of the examination of DNA, showing and suggesting solutions for judged cases already and that, however, they had not been able to be used of this examination, forming a probatory set based only in indiciarias tests without certainty technique. It approaches the general concept and slight knowledge on the action of inquiry of paternity, as well as the evolution and the current connotation of the legal institute - procedural of the judged thing, to which the dominant legal system protects of absolute form such which in the Roman period when judicatae was definite with the auctoritas king. Destarte, the institute of the considered thing is an element of guarantee of the Rule of law, a time that puts term to a debate on rights and duties, that of the the opposite if would eternalize, transforming the society into a chaos. It questions the immutability of the considered thing as balance solution, in relation to the new challenges that science presents, the existence of sentences that attempt against against the morality, the legality, the principles biggest of the Federal Constitution and against the reality imposed for the nature. For the code, material considered thing is called the effectiveness that becomes invariant and unquestionable the sentence, more does not subject the usual or extraordinary resource (art. 467, CPC). With the publication, the sentence if becomes.irrevocable for the judge who pronounced it (art. 463, CPC). But, the looser can impugnate it, using themselves the double degree of jurisdiction consecrated for our judiciary system and asking for to another superior agency of the justice that reexamines the judgeship. This if makes through resource. It traces, still, the objective and subjective limits of the considered thing. In that if it relates to the proper inquiry of open paternity the scientific and not scientific ways for its evidence, telling of simploria form what it comes to be the DNA examination, when the part if refuses to submit it such skill. Finally, it tells on the questioned relativizacao or as it wants, flexibilizagao of the considered thing in a particular way in the actions of inquiry of paternity.