Preliminary injunction in CPC/2015

divergencies on the decision about stabilization of the antecedent preliminary injunction

Abstract

Changes introduced in Brazilian civil procedure by RCP/2015 produced heated debates regarding stabilization of the preliminary injunction, so the following question arose: What are the divergences existing in the doctrine and jurisprudence about the decision that determines the stabilization of the preliminary injunction required in advance? To conduct the research was used the deductive method, starting from the theory of the basic civil procedure about preliminary injunction, for analysis of the stabilization of the preliminary injunction granted in advanced. Were used bibliographic and documentary research techniques, based on doctrine, legislation and jurisprudence. Its main objective is to obtain information about divergences regarding stabilization decisions, considering the need or not to file an appeal for stabilization, as well as the legal nature of the decision that determines the final stabilization. Thus, it was possible to analyze the doctrinal positions on divergence due to the need of the appeal of the decision granting an earlier anticipated injunction, prevailing the  understanding all kinds of defense are able to avoid stabilization of anticipated injunction. In addition, it was studied the legal nature of decision granting an earlier anticipated injunction, including the need of the filing of a new action after the period of two years to discuss the its review, since the situation was not analyzed exhaustively in the process that granted the previous anticipated injunction.