Name: VITOR AMM TEIXEIRA
Publication date: 12/04/2022
Advisor:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
| CLÁUDIO IANNOTTI DA ROCHA | Internal Examiner * |
Summary: This dissertation studies the conceptual and procedural aspects of the stabilization of antecedent injunction institute, introduced in the Civil Procedure Code of 2015 through articles 303 and 304. Initially, an overview is drawn of the constitutional guarantees of the process that guide the existence and application of the stabilization of the antecedent injunction in the national legal system. Then, a detailed study of the
conceptual aspects of this stabilization is carried out, analyzing its historical precedents, the assumptions of its application, the purposes of the institute and the legal nature of this stabilization. Subsequently, the procedural aspects of stabilization are also analyzed, facing several controversial issues involving the theme, especially due to the concise wording of arts. 303 and 304 of the CPC, in addition to the details of the autonomous action to challenge or confirm the stabilized guardianship. Finally, having as pillars the goals of stabilization of anticipated provisions and its poor legislative regulation, the present work intends, after scrutinizing the main doctrinal notes about the gaps of the procedural technique studied, to evaluate if the form in which the institute presents itself is suitable to fulfill its main objective: to obtain swift, effective and adequate protection, from the perspectives of public interest and private interest that guide the institute, in line with the constitutional guarantees of the judicial
process.
KEYWORDS: CIVIL PROCEDURE; PRELIMINARY INJUNCTION; STABILIZATION
OF THE ANTECEDENT INJUNCTION INSTITUTE.
