A estabilização da tutela de urgência antecipada no novo CPC e o ‘mistério’ da (não) formação da coisa julgada

Abstract

The present monograph deals with the theme of stabilization of the provisional tutelages of anticipated urgency required in antecedent character and the formation of res judicata. Initially, a study was made on the techniques of cognition and their relation to provisional tutelages and the formation of res judicata. Afterwards, the characteristics of the urgency and evidence tutelages adopted by the new code of civil procedure are analyzed, giving a larger visibility to the stabilization system. Lastly, an approach was adopted on the nature of stabilization, especially after the two-year period to reform, revise or invalidate the decision granting the tutelage, being defended the impossibility of formation of res judicata.