Estabilização da tutela antecipada

Abstract

The State, through the judiciary, has the responsibility to provide judicial protection to conflicts that arise between individuals, through the laws, ins search of what it understands as fair. On certain occasions, the urgency is extrem to the extent that the unfolding of the entire procedure may cause the perising of the object that the party seeks to protect, rendering judicial protection ineffective. In na attempt to solve this serious procedural problem, the Civil Procedure Code now provides for the possibility of granting interim relief, which briefly protcts the intended legal effects, and also, in certain situations, declares the stabilization of the anticipated measure. The presente work deaks with bibliographic and documentar reserach, through the deductive method. As will be observed, the work began by speaking generally of the classifications of provisional relief and evidence, with emphasis on provisional safeguards required in advance, also addressing the possibility of incidente protection, and fungibility of early and precautionary guardianships. Finally, i adress the maisn theme of the work – Stabilization of Ealy Guardianship – Which, as will be observerd, occur, as a rule, in the advance guardiansships required in advance, bringing the requierementes, issues, criticismo, praise, considerations regarding this innovations. Created by the new Code of Civil Procedure. We will also discuss, regarding the possible autononous action with request for revision, reformo r invalidations of the stabilization of the anticipated tutelage, and what is the procedural juridical nature of the stabilized process, whether it is judged or not. In this sense, I understood that the author, in case of extreme urgency, a situation that time is against his interests, may make the request for early relief by simple petition, with the presentation of the dispute and mere indication of the final request that will be complemented later. If early relief is granted and the defendant does not oppose the measure, the foregoing effects shall be declared stable and the proceeding terminated. The effects granted in the stabilized antecedente measure will be timeless until the succumbent, or the plaintiff, submits na autonomous action to modify, revise or invalidate, within tow years, the stabilization of the antipated tutelage. However, the extinction of the stabilization process will not be considered material., since it was obtained through summary cognition