The Controversy Of Stabilization Of Advanced Protection In Antecedent Quality

The preliminary injunction deals with the immediate concession of the executive effects of the final provision. According to the current CPC, in cases of urgency, the initial request for previous protection may be superficial, dealing only with the situation of urgency, without discussing all the ma...

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Bibliographic Details
Main Authors: Gilberto Ferreira Marchetti Filho, Jenifer Bacon Assumpção
Format: Article
Language:Portuguese
Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-12-01
Series:Revista de Teorias da Justiça, da Decisão e da Argumentação Jurídica
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Online Access:http://www.indexlaw.org/index.php/revistateoriasjustica/article/view/1692
Description
Summary:The preliminary injunction deals with the immediate concession of the executive effects of the final provision. According to the current CPC, in cases of urgency, the initial request for previous protection may be superficial, dealing only with the situation of urgency, without discussing all the matters at issue. Subsequently, the initial petition may be added, to complete all the matter to be discussed. If the defendant does not demonstrate his nonconformity regarding the approval, its effects will be stabilized. After the deadline, it becomes final. There are several problems arising from this legal novelty, which are the object of the present.
ISSN:2525-9644
2525-9644