THE RELATIVIZATION OF RES JUDICATA

Abstract

The relativization of res judicata is a highly relevant topic in Civil Procedural Law, which involves the possibility of reviewing judicial decisions that, in theory, should be final and unchangeable. The general objective of this study is to analyze the theoretical and practical foundations that support the relativization of res judicata, especially in light of the principles of legal certainty and justice. The research will be conducted using a bibliographic methodology, with the analysis of pertinent doctrines, legislation, and case law on the topic. The justification for this study arises from the growing need to balance the stability of judicial decisions with the guarantee of substantive justice, especially in situations where new evidence or supervening facts may demonstrate the injustice of a final and binding decision. The relevance of the topic lies in its current relevance, considering that the concept of res judicata, although traditionally considered absolute, has been rethought in several jurisdictions, including Brazil, given the possibility of serious errors or injustices. The legal debate on relativization aims to improve the judicial system, ensuring that the right to legal certainty does not override the fundamental right to obtain a fair decision.