A revitalização da coisa julgada nas ações de investigação de paternidade.

Abstract

This monograph aims at analyzing the possibility of relativization of the judged matter in judicial actions of investigation of paternity due to scientific advance achieved by DNA probe. By means of a focus on the constitutional principles applicable to the problem, specially the principle of dignity of the human person, such as the principle of proportionality, we bid for establishing the preponderance of judicial decisions consonant with the real truth, instead of the principle of juridical security, through the deconstruction of the processual institution of material judged matter. By means of such a discussion, we aim at demonstrate the possibility of introducing a new investigatory action of paternity to enable the accomplishment of DNA probe, even though the former judicial decision, to which such a probe has not been produced, has already been protected by the sovereignty of the judged matter. In this case, we defend the thesis that the constitutional principle of juridical security, precursor of the judged matter, must be weakened on behalf of the principle of the dignity of the human person. The relativization of the judged matter in such situations, before inflicting juridical security in the social environment, operates in preserving the fundamental guaranty that all and any individual must know his real paternity. We make evident that this matter is motive of several discussions in this doctrine, and that there are jurisprudence about the topic. Due to the great relevance of the theme, this work does not have the intention to exhaust it, but aims at contributing for those who wish to study it more deepeningly.