Estabilização da tutela antecipada e a coisa julgada: uma análise à luz do Código de Processo Civil de 2015

Abstract

The 2015 Code of Civil Procedure took an important step towards the realization ofconstitutional principles and guarantees when it has provided the technique ofstabilization of antecedent preliminary injunctions in the procedural system thetechnique of stabilization of antecedent preliminary injunctions. However, despite themerit of the legislator, the provision that disciplines that technique is concise and hasgaps, having been the subject of several discussions by the doctrine. One of the mainquestions is whether the effects of the decision granting such relief after the two-yearterm, without the filing of an action for its modification, should be treated as equivalentto the effects of res judicata. Thus, this paper will analyze the main discussions onthe subject, so that the reader can draw his own conclusions