A tutela provisória de urgência antecipada no código de processo civil de 2015: o mecanismo de estabilização e as garantias processuais constitucionais

Abstract

The difficulty of harmonizing the evils of time with effective, fair and timely jurisdictional provision has long been a problem for legislators, doctrine, and jurisprudence. The purpose of this article is to analyze the provisional protection of early urgency in the Code of Civil Procedure of 2015 and the respective stabilization mechanism in the light of constitutional principles and procedural guarantees. In order to do so, a brief presentation of the procedure of provisional provisional protection of emergency until its stabilization, followed by an analysis of the constitutional principles guiding the civil procedural law. Finally, we will recognize the gaps left by the legislator in relation to the technique of stabilization, its consequences and complications.