O cenário das tutelas provisórias no novo Código de Processo Civil

Abstract

With the advent of the introduction of the New Code of Civil Procedure, substantial changes were introduced in 2015, among which the Stabilization of Provisional Urgent Advance Guardianship, which is the subject of the present study, stands out. It should be noted that this stabilization occurs when the plaintiff files an action seeking only the request for Temporary Provisional Guardianship, without requesting Definitive Tutola at the end, without any manifestation of the defendant in the opposite direction. Contrary to some doctrinators, this stabilization does not offend the contradictory, the ample defense and makes the process more effective, isonomic, proportional and with reasonable duration. It elucidates that both the Early Protection and the Evidence are satisfactory, while the Precautionary is Security. It is also pointed out that the application in these cases has particularities and requirements of its own, such as paying special attention to the assumptions required for its approval: the fumus bonis iuris and the periciculum in mora. Finally, the stability of the Anticipated Guardianship in antecedent character and its Stabilization is spoken. It is concluded that the Defendant to avoid Stabilization needs to challenge the deferral of the injunction with recourse, appeals appeals or contestation.