Comparações entre estabilização da tutela antecipada e coisa julgada nos parâmetros do novo Código de Processo Civil

Abstract

Anticipated tutelage means the granting in a satisfactory character of the final tutelage sought by the author. It means to judicially anticipate the tutelage of the good of life, now under discussion, based on the relevant urgency that otherwise would cause an irreparable injury or loss of the right pleaded. In this sense, since the right to the good of life is at risk or in danger of irreparable damage, for example, over time, it will be for the judge to establish a superficial judgment based on a summary cognition about the demand to verify requirements inherent in the measure of anticipation of tutelage. This establishes as a superficial judgment on the documentation and characterization of the law itself. In this way, it innovated the new Civil Procedure Code when coating the decision in the case of early guardianship in the antecedent character of the veil of stability. This generated a deadlock, putting the stabilization facing the thing judged, under such procedural guidelines. The thing judged is a quality that has a decision of immutability, making it no longer liable to appeal or procedural discussion. Still, the stabilized decision goes against this understanding, in the sense of making the decision undisputed after a certain time lapse for proposing an autonomous action due to the decadential term established in the new Civil Procedure Code. At the same time, it was tried to develop a work based on the hypothetical-deductive method, in spite of the complete novelty of the subject, removing the content of the specialized literature and concluding with expected results when the use of the anticipated tutelage with the intention of stabilization.