Limites subjetivos da coisa julgada: a legitimação concorrente ordinária e a incindibilidade do objeto

Abstract

The subjective limits of thing judged are, without a shadow of doubt, one of the most vexing issues of procedural law. This happens, mainly, due to interconnectivity of social and legal relations that we are currently submitted, making it impossible for a procedural relationship not influence, in a greater or lesser degree, the legal spheres of third parties outside the process. The question has become even more complex when the legal relation discussed in court has an indivisible nature and, however, belongs to more than one holder, setting an ordinary competitor active legitimation. This picture has caused judgments conflicting to allow new discussion of indivisible legal relations by those who doesn’t participated of the first procedural relation and, according to the rule of article 472 of Civil Procedure Code, weren’t encompassed by thing judge in respect to the adversarial principle, generating a patent legal uncertainty and, by the lack of all involved, illegitimacy and ineffectiveness of decisions. And more: have caused consequences in the legal spheres of co-legitimated that, most of the times, even know about developing procedural relation and hasn’t the opportunity of participate and influence at the conviction formed in court. Such problems only can be resolved through a mechanism that ensure the knowledge, by all involved, of the procedural relation deducted in court and that gives the opportunity for them participate, if they want, extending the thing judge to everybody, according to the constitutional guarantee of contradictory and due process of law.