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This work revolves around the institution of res judicata , which is provided in our Constitution (Article 5 , XXXVI ) such as law and fundamental guarantee and is essential to the very existence of legal discourse and structural element of a democratic state . There is a huge divergence in doctrine about the relativity of res judicata, therefore, will be presented the main existing conflicting points , taking into account the mitigation of res judicata is an exception to the rule , occurring in exceptional cases . The force of res judicata in our legal system will be demonstrated . Leaving the legal provision that is deemed material thing undone by filing the reversal action of the same legal nature , your filing deadline , and in particular , their chances of appropriateness will be presented . Also discussed will be the institution of res judicata and the rescission action in the new Code of Civil Procedure project.

A FORÇA COISA JULGADA EM NOSSO ORDENAMENTO JURÍDICO E ALGMAS CONSIDERAÇÕES SOBRE TAL INSTITUTO NO NOVO CÓDIGO DE PROCESSO CIVIL