The Thing Judged
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ScribdTranslationsThe Thing Judged
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ScribdTranslationsRes judicata is the blocking effect that, in a judicial process, arises from the preexistence
of onejudicial sentencefirm dictated on the same object. A judicial sentence is firm.
when there is no legal recourse against itmeans of challengethat allow to modify it. This
the inhibiting effect translates into respect and subordination to what has been decided on the same matter, in
onetrialprevious. Therefore, it is also defined as the force that attributes thelawto the
results of theprocessIt is commonly used as a means of defense against a
newdemandraised about the same object that was from another controversy already settled,
and that blocks the way.
Classification
Thedoctrinehe has made several classifications regarding res judicata. Among them
we found the following:
Res judicata formal and material
. Formal res judicata: it is one that implies the impossibility that a
determineddecisionsearecurring, that is, the inadmissibility or closure of theresources
proceduralagainst this. In other words, ajudicial resolutionwho enjoys this class
res judicata cannot be subject to furtherresources. Its effects are produced
exclusively in theprocessin which it has been dictated thesentence, so it is considered
precarious (as its effects could be distorted in aprocessdifferent).
. Res judicata: it is one that implies the unassailability of aresult
proceduralthrough the start of a newtrial, when all possibility of it being issued closes
adecisionthat contradicts or opposes what has been previously dictated. Its effects occur
in theprocessin which it was dictated thesentenceand in other futures, as it is considered
stable and permanent (because it is effective both inside and outside the respectiveprocess).
Res judicata, both real and apparent
. Res judicata: it is that which emanates from aprocessvalid, that is to say, one that has
respected thenormsdue process
. Apparent res judicata: it is that which emanates from aprocesswhere one has failed or
more requirements for the existence or validity thereof.
General and relative res judicata
. General thing judged (res iudicata)towards allis one that produces effects
regarding all thepeople(erga omnes), even if they have not intervened in ittrial.
. Judgment relative (res judicata)between the partiesIt is the one that produces effects only
regarding the parts of thetrial(and their legal successors) and not in relation
apeopleforeign to it.
Fundamentals
Among the reasons that have justified the existence of the institution of res judicata
the following are found:
. Legal certaintyres judicata aims to satisfy the need for certainty of the
situations that every society requires; while the need forjusticeit is intended
satisfy through thejudicial resources.
. Stability of rights: with res judicata it is intended to ensure stability and
certainty of the rights that thesentencesrecognize or declare. It allows the
immutability of acquired rights by virtue of thesentences.
. Separation of powersres judicata recognizes the principle of separation of
powers, by preventing the organs of the other powersexecutiveylegislativealter the
modify the results of the exercise of thejurisdictional functionrestarting aprocessyes
finished.
. Legal securityWhich is manifested through the principlenot twice in the same matter, being
impossible, thus very necessary, the non-opening of the same once they coincide
identity of subject, object, and cause. It also allows for a finite point to the work.
Cognitive, meanwhile, the loser of the litigation will always consider it unfair and will want a ruling
different. Through the authority of res judicata, a limit is placed on the review of the process.
and the relationships that have been established or declared.
