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

Abstract

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.