THE STABILIZATION OF EARLY URGENCY PROVISIONAL RELIEF GRANTED IN A BACKGROUND CHARACTER: THE (IM)POSSIBILITY OF IMPEDIMENT THROUGH THE CONTEST

Abstract

The current Civil Procedure Code, base don’t he jurisdiction of the defendant, instituted in the Brazilian legal system the institute of stabilization of the provisional relief of anticipated urgency granted in antecedent character, seeking to speed up the judicial demands. It is an autonomous procedure in which the party, before the filing of the main action and in the face of an emergency situation, only pleads the granting of a provisional remedy in order to satisfy its claim. From its granting, once the interlocutory appeal has not been filed, there lief granted under summary cognition will be come stable, and can only be discussed again in a revisional action to be filed within 2 (two) years from the termination of the autonomous procedure. From this, the problem investigated is: is it possible to prevent the stabilization of the antecedent injunction through the contestation? As for the problem, there are two hypotheses: a) it is possible, through an extensive and systematic interpretation of the legal norm; and b) it is not possible, through a restrictive interpretation of the legal norm. The investigation proposes, therefore, to discuss the two hypotheses in order to answer the presented problem. From this perspective, the deductive approach method is used. As a research technique, a theoretical and exploratory research is carried out on doctrines, scientific articles and jurisprudence.