A relativização da coisa julgada frente aos artigos 525, § 15 e 535, § 8° do Código de Processo Civil e seus efeitos no processo civil brasileiro.

Abstract

The development of the civil procedural right as half suitable capable to check larger effectiveness to the material right allowed the appearance of several questions concerning certain juridical institutes. Among so many, one of the most controversial subjects for the juridical community based in the civilian law says respect to the limits of the judged thing. With the complexity of the human interactions, the Right had to adapt to the new ones work, in way to guarantee the fair exercise of the jurisdictional activity. The idea of judged thing was created, initially, to give safety to the definitive sentences in having judged. In a direct way, all the production procedural got of the Roman-Germanic right influenced in the construction of the legislation procedural civilian of Brazil, besides in what it concerns to the formulations on the res iudicata. Notwithstanding the different perspectives on which the latter can be observed, the main ones are the material aspect. Possessing constitutional forecast, the judged thing assumes outlines related to the wrought juridical safety for the decisions of merit in having judged, as understanding consolidated in New CPC. To the light of the doctrinaire and legal constructions as for the rescissory action and to the theory of the judicial precedents, they are born for the right procedural civilian new Brazilian unfoldings as for the relativization of the thing judged material before foreseen him/it in the arts. 525, § 15 and 535, § 8° of the effective codex and their consequences not just in the sentence execution of paying right amount, as well as in the whole legal order, once the thing judged material has been assuming characteristics more and more flowing, being possible his/her changing and debatable by rescissory action in reason of emanated decision of Superior Tribunal in the execution of constitutionality control, independent of the time in that such a definitive decision has transit in having judged. The desconstruction of the judged thing and of the juridical safety of her coming it is clear, especially when observed the current legislative tendencies and average case laws in the Superior Cuts. In the meantime, it is discussed to what extent the provisions of Articles 525, §15 and 535, §8 of the New CPC affect the intangibility inherent in the thing judged material. To demonstrate the truthfulness of such hypothesis will be used in the present study, the hypothetical-deductive method, since the questions raised will be analyzed and tested in order to obtain a coherent conclusion, as well as the procedural method of comparison, which will allow the confrontation of existing doctrinal formulations about the res iudicata material and the control of constitutionality. The technique of research in use will be the literature, through the study of material already published.