Uma análise sobre a estabilização da tutela antecipada

Abstract

This paper analyzes the stabilization of injunctive relief under the New Civil Procedure Code (NCPC), with the purpose of avoiding the need to file lawsuits in which the parties have no interest. Therefore, there is no justification for a legal provision requiring the plaintiff to file the main lawsuit when the request for preliminary injunctive relief filed in advance has been challenged. The general objective is to analyze the stabilization process in the New Civil Procedure Code. The specific objectives, in turn, are: to describe the general aspects of the preliminary injunction in the New Civil Procedure Code; to explain the concept and procedure of the preliminary injunction and to verify the procedure for stabilization of the injunction. Considering the relevance of the theme addressed by this paper, the research problem is guided by the following question: What are the applicable criteria for stabilization of guardianship? The hypothesis for such a hypothesis consists in the stabilization of the guardianship in the New Civil Process Code with the purpose of making the exercise of exhaustive cognition merely eventual and optional to settle the conflict submitted to the State-judge, provided that there has been an anticipation of guardianship (based on summary cognition) and that the defendant has not objected to it, so that the cognition and the procedure are summarized at the same time. The methodology adopted was a bibliographical research with a qualitative bias. In summary, the purpose of stabilization of preliminary injunctions is to avoid the need to bring lawsuits in which the parties have no interest. Therefore, there is no justification for a legal provision stating that the plaintiff must bring the main lawsuit when the request for preliminary injunctive relief filed in advance has been contested, as foreseen. Stabilization will therefore give the provisional remedy a degree of definitiveness, with effectiveness and greater speed, since the entire procedural process is avoided.