The res judicata and its relativization

Intense questions have arisen about the possibility / need for exercise called the "relativization of res judicata," regardless of the management rescissory action, even after it.

In the case of an absolute or totalitarian character, the root of normativist positivism of Hans Kelsen and even of Hart, bent, for example, the idea that a particular decision should be made definitive merely because the State Judge, today demonstrates unequivocally rationality that does not match the new realities or obvious social changes of our time.

Given this, it examines the possibility and convenience due to circumstances possible to repair of a unfair trial, opening the opportunity for review of final judgments in such a way that would imply acceptance that res judicata should be "relativized", demystifying, therefore, that surreal idea of putting this important institute of procedure as always able to create another reality, make this album in nigrum and change falsum in verum (Pontes de Miranda).

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