Aspectos processuais controvertidos da estabilização da tutela antecipada requerida em caráter antecedente

• Autor(a) principal: Anastácio, Caroline dos Santos
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7681
• topic: Tutela de urgência; Tutela antecedente; Estabilização; Coisa julgada; Tutela provisória

The present academic production aims to analyze, from the bibliographical research, doctrinal and legal, the procedure of the anticipated guardianship required in antecedent character, the controversies of the institute and the aspects of stabilization of it, recently introduced in the brazilian legal system by the new Code of Civil Procedure. The history of precautionary and anticipatory tutelages, its characteristics and the study of foreign law, influenced the introduction of stabilization in the new Code of Civil Procedure. It also discusses constitutional-procedural principles, as the adversary, due process of law and effectiveness. As well, will be discussed the controversies of the antecedent advance procedure, such as the addition, the impugnation of the defendant, the nature of the sentence that extinguishes the process, the autonomous action and the difference of the thing judged for stabilization. The intention was to address the most emblematic issues raised by the doctrine, always in the light of the Federal Constitution and the Code of Civil Procedure, giving visibility to this institute that is new in the juridical and academic world. It was concluded that stabilization complies with the constitutional and procedural principles being precisely the reason of the balance between some principles. The articles dealing with the stabilization procedure are dubious in their writing, depending on the jurisprudence and doctrine to enable the correct application of the new technique.