Desnecessidade de interposição de recurso como requisito a obstar a estabilização da tutela provisória prevista no artigo 304 da Lei nº 13.105/2015 (Código de Processo Civil)

• Autor(a) principal: Fockink, Jardel Callegari
• 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/6186
• topic: Tutela antecipada; Recurso; Estabilização

The objective of this study is to verify the effective need for a recourse requirement as a requirement to prevent the stabilization of provisional protection, as well as to analyze the occurrence of a possible injury to the exercise of constitutional procedural rights. Regarding the nature of the research, the level of research is classified as exploratory. As for the qualitative approach. As for the procedure for data collection, bibliographic research was used. Outlining the main characteristics of the institute of provisional guardianships and the stabilization of provisional guardianship, it was verified that the requirement of appeals was not necessary and inadequate as the only means capable of preventing the stabilization of provisional guardianship, when analyzed in conjunction with the nature of the judicial remedies as well as from the point of view of the constitutional order. It was concluded that the institute for the stabilization of provisional protection has a nature and essence that diverges from the country's order, in addition to the requirement of appeal as a requirement to prevent the stabilization of provisional protection is not in accordance with constitutional procedural principles.