Relativização da coisa julgada material na investigação de paternidade

Abstract

Despite the importance of the Institute judged thing, we cannot forget that the very reason to exist in any legal system has increased the scope of effective justice. For this reason, there's not as if admitting that an Institute, even if it takes into account the nobility of its purpose, will accommodate, procedurally, the perpetuation of the effects of judgments unequivocally incompatible with the real truth of the case put before the State. Under this premise, the advent of DNA examination brought to light a myriad of judged that depict this hypothesis, behold, the absence of certain scientific test alluded had decision-making by assigning paternity short, in fact, not the features. Coupled to this problematic retro, we cannot lose sight of that recognition of fatherhood inherent law reflects a human person, perhaps the first law whose guardianship if can think plead. Thus, this study draws a parallel between the institutes of judicata and the right to paternity, completing the need that the first be relativized to avoid westernization of unjust sentences. On the other hand, it is suggested that careful strokes are parameters so that it cannot be not construction prolatadas sentences in research processes with same paternity judicata, rescuing the legal certainty