Agravo de instrumento: único meio eficaz de invalidar os efeitos da estabilização total das tutelas antecipadas?

Abstract

This research discusses the effects of early provisional relief as an instrument created by Law No. 8,952 / 94, which altered CPC / 73, which was derogated by the new CPC. The institute aims to provisionally anticipate the judgment of the judicial decision ensuring the practical result when there are elements that evidence the probability of the right and the risk of the right's perishing, if it is not delivered immediately. The research aims to problematize the way in which the Civil Procedure Code adopts for the defendant party to challenge the effects of the stabilization of the anticipated provisional protection of urgency of antecedent character, and how it really validates in the processes that involve this type of matter, leading to a discussion in the doctrine in an unacceptable way, as it observes the contestation as an efficient and effective instrument to block the effects of the early protections, effectively realizing the realization of the basic principles of the NCPC, being precisely the procedural economy, speed of the process and the duration reasonable amount of the process. For that, the deductive method was used, starting from the analysis of the previous guardianship in an antecedent character, its main peculiarities and precepts, to later analyze art. 304, verifying other ways to resolve litigious situations related to the total stabilization of eventual tutelage, as well as the indirect documentation technique, through an exploratory bibliographic research, in order to assess the controversial foundations indicated by each doctrinal current, delineating a better clarity the existing divergence put to analysis, as well as jurisprudential understandings.