The res judicata as fundamental right: elements for a critique of the expansion´s doctrine of the constitutional rights

Abstract

The present article aims to provide some criteria for the elaboration of a critique of the extension of fundamentality to the institute of res judicata. For this, which has chosen to revise the vision that defends the constitutional nature of the institute, which corresponds to the one who understands that the thing judged is a guarantee of legal security, and for this would integrate the category of fundamental rights. In a second moment, the relationship between res judicata and jurisdiction is analyzed, to then establish if the institute of res judicata is covered with substantiality. In this way, the present work seeks to present the current criticism that the inflation of fundamental rights ends up weakening its force of exigency.