Coisa julgada e outras estabilidades processuais: Limites subjetivos e utilização por terceiros

Abstract

This master's thesis aims to rethink the normative content of article 506 of the Brazilian Code of Civil Procedure, which establishes the subjective limits of res iudicata. The view that res iudicata can neither harm nor benefit third parties needs to be rethought. Thus, starting from the assumptions that (i) the forms of binding to procedural acts are not limited to the res iudicata and (ii) that the meaning of the expression "party" goes beyond the meaning traditionally attributed by the doctrine, it will be demonstrated who are the subjects that are bound to the several kinds of procedural stabilities and how they behave in relation to third parties that did not participate in their formation. We will also analyze legal situations that are traditionally pointed out by the doctrine as exceptions to the general rule concerning the subjective limits of the res iudicata, such as the substitution of procedural steps. Finally, it will examine who, when, and in what way procedural stabilities can be invoked in subsequent proceedings, showing that there are limits to their use.