Relativização da coisa julgada: conflito entre segurança jurídica e justiça social no direito brasileiro

Abstract

Recent advances in the social, economic and cultural development of the country boosted demand for distributive policies, commendable merit of providing a broader layers of society access to better living conditions. It points out, however, the conflict that arises when one dwells in court on field problems have been resolved and now pacified, injuring death legal certainty that the claim preclusion has the scope to provide to society. In this scenario of conflict between res judicata and social justice, with the goal of understanding the problem and seeking alternative solutions or mediation and relying on case law and respectable doctrine, research uses up the dialectical method and hypothetical-deductive method at abording hypothetical situations analyzing the theme.