Main inquiries about stabilization of antecedent provisional urgency protection at NCPC

Abstract

The main objective of this study is to answer the questions that emerged from the establishment of the mechanism of stabilization of the antecedent provisional urgency protection in order to collaborate for its consolidation as a legitimate result to the granting of guardianship. In the first chapter will be presented a historical summary about the emergence of so-called differentiated protection and, consequently, the appearance of the so-called stabilization. Sequentially, the second chapter will discuss the foundation of antecedent protection, since it is a product of summary resolution, that is, different from the common procedure in which the judge makes a decision after having fully known the facts and evidence. Then, the third chapter will analyze the deadline for adding the petition by the author after the granting of the protection also considering the deadline for citation and subpoena of the defendant. Already in the fourth chapter will be made the analysis on the existence or not of other means to challenge the stabilization beyond the Bill of Review. And finally in the last two chapters will be observed the adequacy of rescissory action in face of the decision that extinguishes the process without resolution of the merits will be considered, due to the occurrence of stabilization and the possibility of stabilization in relation to the Public Treasury, respectively, for purposes to centralize doctrinal responses to such questions.