Sumarização da cognição e estabilidade da tutela antecipada: a questão da instrumentalidade e da provisoriedade das tutelas estabilizadas

Abstract

The present work is based on a study about the satisfactory urgency guardianship implementation of stabilization‟s in Brazilian procedural order and its reflexes on the pillars that have sustained it as urgent legal protection until the edition of 2015 Code of Civil Procedure. Grounded on the rationalist paradigm, brazilian's process preserved the ordinariness, objectifying the search of truth and the defense of due process of law guarantees' until it comes a provision pronouncement based on exaurient cognition apt to form res judicata and to put an end in the controversy. However, the result of the article 304 of the New Code of Civil Procedure problematizes the ordinariness issue and puts in check striking features from interim protection, the instrumentally and temporariness. Thus, it is proposed to verify if interim immediate satisfactory injunctions has lost its instrumentality relatively to an exaurient cognition procedure, considering that CCP/15 has regulated an autonomous procedure to its concession, as well check the loss of temporariness feature from these legal protection conceded previously, already permanently stabilized and capable to put an end on the conflict. Therefore, it has used theoretical research developed on the basis of legal works written by recognized authors in the national legal scenario. The study allowed to conclude that the legislator option to authorize an autonomous procedure for granting satisfactory urgency injunctions, established by summary cognition, added with the possibility of stabilizing its effects in a final way, means a structural change represented by a rupture with ordinariness and, consequently, a mitigation of rationalist theory.