A relativização da coisa julgada no código de processo civil de 2015: uma análise do princípio da segurança jurídica em contraposição à efetivação da justiça

Abstract

This article proposes to analyze the theory of relativization of the res judicata in the Brazilian legal system, especially with the Law 13.105 / 2015 (Code of Civil Procedure), considering the constitutional protection of the principle of legal certainty. It is based on extensive bibliographical research, with search and analysis of scientific articles and books, as well as Brazilian civil and constitutional procedural legislation. What is tried to prove with the development of this paper is that the institute of res judicata, covered with intangibility by the constitutional order of the Democratic State of Law, in certain cases can lead to unreasonable and disproportionate situations, whose solution must be offered by the Judiciary when weighing the protection of constitutional principles and the effective guarantee of justice - the goal pursued by Law.