A influência da prova nova na relativização da coisa julgada em matéria previdenciária

Abstract

The relativization of res judicata in social security claims has gained increasing prominence in legal academic and case law, due to the complex challenge of reconciling the stability and legal certainty inherent to res judicata with the imperative protection of fundamental rights ensured by the social security system. Although res judicata constitutes a foundational element for the predictability and security of legal relationships, its rigidity may, in certain contexts particularly when involving situations of social vulnerability or supervening factual changes hinder the realization of substantive justice. This study aims to deepen the analysis of the theoretical, legal, and constitutional foundations that legitimize a more flexible approach to res judicata within the scope of Social Security Law. To this end, special attention is given to the secundum eventum probationis regime, to the peculiarities of continuous obligation actions, and to the protection of social rights, from the perspective of an application that is sensitive to the specificities of each case. The investigation includes a critical examination of the judgment in Special Appeal No. 1,352,721/SP, considered a landmark decision in defining the boundaries of material res judicata in social security litigation, as well as the procedural instruments capable of setting aside such decisions, notably the action for rescission (ação rescisória) and the querela nullitatis. The methodology adopted is based on a systematic and critical review of specialized legal doctrine, consolidated case law from higher courts, and current legislation, grounded in the constitutional principles of human dignity, social justice, and proportionality. The research relied on an extensive bibliographic review, including monographs, scholarly articles, judicial decisions, and statutory texts. The study concludes by emphasizing the need for a more equitable, consistent, and contextualized application of res judicata, in order to ensure the effectiveness of fundamental rights within the scope of Social Security Law.