A extensão da coisa julgada no novo CPC e a extinção da ação declaratória incidental: uma medida de segurança jurídica

Abstract

The goal of this dissertation is to analyse the new discipline of res iudicata, brought by Law 8046/2010, which intend to replace the current Code of Civil Procedure. Therefore, the historical evolution of the res iudicata concept was examined, such as its implications in law development, as a consequence of intense doctrinal discussion about the limits of the institute. The new rule manifests the latest understanding and consists in thinking that prejudice issues can be embraced by res iudicata, provided certain requirements. The critics are on, mainly because the discussion endures through times. In the other hand, the north-america experience on the subject, through claim preclusion and collateral estoppel proves that the idea is consistent but demands attention in establishing the ways of its applicability, or it could harm process rather than improve it. The extension of res iudicata to prejudice issues is indispensable to ensure legal security principle and the legitimacy of the decision. In order to verify if the parametres are capable of realize these values, the new rule was analysed taking into account the meaning of legal security principle, forensic practice and north-america reality.