LEITE, T. D. G.; http://lattes.cnpq.br/1297078787843555; LEITE, Tatiane Dias Guarita.
Resumo:
This monograph examines the theory of relativity of res judicata in actions paternity
investigation. The main objective was to analyze the possibility of relativizing the res
judicata of a judgment has become final, in action research paternity has been
dismissed for lack of evidence, because it was not done the DNA test. We performed
extensive research doctrinal and jurisprudential. For a long time the doctrine and
jurisprudence did not admit relativization of res judicata outside the legal cases.
However, there was one that defended the current doctrinal relativism of res judicata
even in situations not provided for by law. The current counter relativization
understands that res judicata is absolute, admitting only that the review of the
decision in the cases provided by law. Since the current favorable defends the thesis
that res judicata is relative and can be removed when there is a conflict with other
constitutional principles as well as the principle of human dignity. The paper presents
the advances of media evidentiary able to recognize the biological parentage,
especially with the advent of DNA testing. The objective of this paper is to defend the
possibility of relativizing res judicata by virtue of the existence of conflict between
legal security and human dignity. The method of approach used in conducting this
study was the first deductive studying the evolution of family law, from some
fundamental principles, then to defend the possibility of relativizing res judicata in
actions paternity investigation. In the research we used the method further research
and technical documentation indirectly, using a vast literature on the possibility of
relativizing the thing judged on the actions of paternity investigation. Relying also on
comparative and interpretive method, expressing the jurisprudential decisions
concerning this relativization. The paper presents the advances of media evidentiary
able to recognize the biological parentage, especially with the advent of DNA testing.
The objective of this paper is to defend the possibility of relativizing res judicata by
virtue of the existence of conflict between legal security and human dignity.