Tutela provisória antecipada antecedente e a estabilização da decisão

Abstract

This work was based on a theoretical research, carried out with bibliographic and documentary bases, which aims to analyze in detail the aspects of the antecedent summary judgment and the possibility of stabilizing the decision granted by such judicial protection. It is a descriptive approach to the object in question, with the purpose of analytically decomposing the theme to better clarify its nuances. In this way, the legal text is analyzed, as well as the doctrinal currents that approach the subject and at the end of each point analyzed there is a defense to adopt a more appropriate understanding, always respecting the principles of legal certainty and of due legal process. Therefore, ask: having not analyzed the merits, however, anticipating aspects of the final decision, could the decision affect the principles of legal certainty and of due legal process? Conclude that the decision should not res judicata, since it was not based on depleted judgment, because did not analyzed the merits, not appropriate, therefore, a motion to set aside judgment.