A relativização da coisa julgada nas ações de investigação de paternidade

Abstract

This paper aims to present the current panorama of the subject in the Brazilian legal system regarding the relativization of the thing judged in the paternity investigation actions, especially the integration and modifications that the New Code of Civil Procedure brought about the subject. It points out the new CPC as the only possible method to deconstitute the res judicata res judicata and modifies its initial term, being that in a situation, the maximum term of 5 years; in another, there is no maximum time limit. Thus, there is no longer the possibility of relativization in the first degree of jurisdiction, with new proposition of demand, simply disregarding the res judicata. The main argument of the theorists of relativization of res judicata is that law can not perpetuate injustices, and that the biological bond of filiation can not find in the thing judged an obstacle to its concretization. For this reason, it is defended the use of the rescission action to undo the definitive judicial sentences, since its hypotheses of propriety are defined in the law. From the interpretation of the scope of some rescission hypotheses, in particular the concept of a new document, one can undo the sentence covered by the res judicata and obtain a new judicial pronouncement on paternity, with the possibility of proving the affiliation through of the DNA test.