Estabilização da tutela de urgência antecipada e sua utilização como negócio jurídico processual

Abstract

The present work seeks, using the research of the doctrine, to study the concept and the aspects that constitute the procedural techniques of the stabilization of guardianship advance payment required in advance and the procedural legal transaction atypical, techniques included in the Brazilian legal system by the Code of Civil Procedure of 2015 and that, in a way, break doctrinal paradigms that prevailed at the time the 1973 Code was in force. Based on these two procedural institutes, seeks to understand the possibility of using the conventions procedures as a procedural tool for, in specific cases, to make the requirements for the stabilization of guardianship more flexible, allowing the its application in situations other than those provided for in art. 304 of the Code of Civil Procedure. The theme is relevant, since the stabilization of anticipated guardianship can be an interesting tool to enforce rights fundamental rights provided for in the constitution, such as access to justice and the effectiveness of the legal guardianship