O conhecimento no processo e a coisa julgada

Abstract

The following thesis has the purpose of applying epistemology elements through the civil proceedings, recognizing it as a method of acquiring knowledge to achieve fair judgments and evaluate the consequences of cognitions deficits in res judicata's finality. We began through the identification of the truth and the adequated cognition as a fundamental process guarantees, against the skeptics philosophies, asserting that just the full and exhaustive cognition is able to produce res judicata. Therefore, the identification of the elements of that full and exhaustive cognition so quoted by the doctrine became required, as its elements were only quoted by few. It has been performed this way for achieving the purpose of observing the phenomenas that take away the caracterization of the plenitude of cognition or knowledge in the procedures, and consequently the capacity to produce res judicata. During the research, it has been possible by observing procedural forms, that there are kinds of evidence law and no evidence law that influenced in the positive or in the negative way the stream of knowledge able to fullfill a due outcome. This cognition deficits or cuts can be qualified as valid, when based in others widespread fundamental principals of law, or not valid, when take away in anon reasonable way the factual and legal truth. Empirical evidence, natural and economics limits of cognition have been identified and it possible to state that those have been imposed by the inefficiency of non evidence law, by the speedy trial right, by the liberty of the parties and by the incorrect application of the stare decisis system in the civil law countries as Brazil does through "súmulas vinculantes". Adding the res judicata, the truth and the adequate cognition as fundamental guarantees, it has been verified that some species of proceedings have cognitives cuts, recognizing one proportional relationship between the knowledge created in the proceedings and the plenitude of res judicata's finallity. As it turns out, it became indispensable to create a structure of following actions to revoke the partial res judicata formed before, in the manner of actions able to complete the knowledge forming a future and eventually broad res judicata of full and exhaustive cognition.