Introduction

In other words, considered thing is the sentence that transits in judgeship, in the molds of art. 6, 3 of the Law of Introduction to Civil code is ' ' decision of that already recurso' does not fit; '. In the judged thing, the right congregates it the patrimony of its bearer for force of the protection that receives the immutability from the sentence. It is said material when the content of the pronounced sentence is liquidator, in that one or another process. It is a species of pacification of the conflict for which it was granted to the appreciation of the State-judge. It is formal when of the attributes of the effect of the decision it passes this sentence to make use of immutability and indiscutibilidade, when, in determined process, she is not apt the resource interposition, either usual or extraordinary it, in the terms of article 467 of the CPC. 1 the considered thing hinders a new bringing suit of the same action or posterior resource (negative function).

It is opportune to say that the action is identical to another one when this withholds the same elements (parts, cause of action and order). Example clearly of not identical actions is the case of action of food revision based on the modification of the situation of the father who uncovered itself later (for examination DNA) that he is not, in the reality, the father of the child. Such fact does not offend the considered thing that if it formed with the judgements of merits. 2 Forms considered thing when the recursal phase was not known by intempestive or exhaustion of the half recursais. The moment of the formation of the thing judges, in other words, is exactly the moment where the sentence becomes impugnable. 3 When the parts enter in litigation, what one expects is to give an end to this dispute.