A estabilização da tutela provisória e a sumarização do Processo Civil Brasileiro

Abstract

This very study has as its main objective the investigation of the stabilization of summary judgement. Before dully exploring the main object herein, foreign law is asserted in order to base the study on the institute inserted in the Brazilian legal system with the arrival of the New Civil Procedure Code. After having dealt with the stabilization of the phenomenon that falls on interim protection, an introductory study is performed to its sorts, procedures and requirements that shall be present for us to pass on to the analysis of the object of stabilization. Later, we move on to the study of the stabilization itself. We have chosen to develop the current paper considering the innovation from the 2015 legislator that established discussions and debates in the legal system, without having up to now proof of its practical application. Thus, stabilization on interim protection does not bear resemblance with the institutes from existing procedural law in the Brazilian legal system that translates the challenge experienced in the empirical and academic area. We have attempted to approach more emblematic issues already arising from the doctrine, always in light of the Federal Constitution and the new Brazilian Civil Procedure Code