Judiciary Power

485. II Thus, the existence of an examination for the DNA subsequent to the fact already judgeship, with decision transited in judgeship, recognizing the paternity, does not have the condo to reopen the question with a declaratory one to deny the paternity, being certain that the judgeship is covered by the rule of law conferred by the considered thing. 11 From the quarrel on the relativizao (disrespect) of the considered thing questions appear on the imperfection that can generate in the consecration of the legal security, principle that is searched by the formation of the considered thing. The legal security is moored to the obligatoriness of the Right, to the justice that the decision, law or act provide. To have one Statutory law, for some doutrinadores is main postulate of a jurisprudence, therefore in the life in society it is necessary that a jurisprudence declares, in last instance, what it is allowed or illicit (these specification if question are jousts or it does not fit in another quarrel).

12 the considered thing is corollary of the beginning of the legal security, therefore it is quality of more not arguing the subject becomes that it indispensable to nullify conflicts in the social relations. If the decision is joust or what it occurs it is not that it will go to form considered thing and case of this decision to be taken with unconstitutional bases, arrives to consecrate a legal imperfection and not cheated security in the main end of the Right that is the search of the decision joust. The legitimacy of these expectations is based on normatizao processes and application of the Right, that guarantees the rule of law is obeyed. the form most warranting of this objetividade and respect is exactly to follow the principles of the law that conducts all the others, the Constitution. The Right has as social function the integration of the jurisprudence and legitimation of the judgments that are emitted by the Judiciary Power, for this must fill two requirements: of the rational acceptability and of the consistent decision.