Eficácia preclusiva da coisa julgada: objeto e limites

Abstract

The aim of this paper is to analyze the preclusive efficacy of res judicata, more precisely what it affects. To this end, it begins by defining what is meant by the object of the process, what its relationship is to the principle of demand, the relevance of the cause of action in its identification and what precisely particularizes it. It then points out the understanding of res judicata, when it is formed, how it is identified, as well as its functions, objective limits and regimes (common and special) of formation. Based on these ideas and taking into account that the preclusive effect aims to ensure the stability of the judgment on the merits whose content has become immutable by the res iudicata, it seeks to identify its scope from the perspectives of the plaintiff and the defendant, setting out the legal and constitutional reasons why it is understood that it does not extend to concurrent causes of action and claims. In addition, it seeks to examine how preclusive efficacy relates to the positive function of res judicata, to procedural defects that survive its occurrence and to supervening facts. Finally, it sets out to compare the preclusive effect generated by other procedural stabilities (advance injunctive relief requested in advance; sanitation and procedural organization; extinction of the process due to inadmissibility) with the preclusive efficacy of res judicata, in order to see if and what they have in common.