Estabilização e (I) mutabilidade da tutela antecipada requerida em caráter antecedente

Abstract

The State withdrew the power of individuals to practice private revenge, bringing to it the role of settling conflicts through the provision of judicial protection, applying the law to specific cases. Law is now seen as an instrument for maintaining order and security as an effective means of implementing peace, harmony, equality and justice within our society. The Code of Civil Procedure 2015 was created with the aim of creating a safer, more equitable, effective and, above all, fast process, and therefore the figure of the anticipated guardianship was organized in comparison to the revoked code, creating new ones. species. The reason for this is linked to the fact that the parties cannot wait the whole course of the proceedings, under penalty of loss of the effectiveness of the procedure, loss of the object of the claim itself and the perishing of the right sought. Thus, the present work has the general objective of analyzing what this new legal institute is called stabilization of the antecedent anticipated guardianship provided for in the code mentioned above, as well as its occurrence within the procedural perspective. This is a qualitative research, performed by deductive method and technical-bibliographic and documentary procedure. Thus, the first notes deal with provisional tutelage species in CPC / 2015 and the fungibility among them. Subsequently, analyzes will be made of the provisional protections required in advance. Subsequently, the study of the stabilization of the anticipated tutelage in antecedent character in all its forms, from its assumptions to the possible formation of res judicata, will be explored. It is necessary to point out that the Plaintiff of a claim may, within his entrance exam, limit himself to requesting early protection with the exposure of the dispute and characterizing the assumptions of the dispute, and should explain his willingness to use such an institute. After the grant, if the Defendant does not file the respective appeal, the decision will become stable and the process will be extinguished, and such measure will be effective for a certain time, but may be modified through autonomous action, review or invalidation within the time limit. 02 (two) years. Finally, it should be noted that all this view will be through a summary cognition of the Judge.