Periculum in mora inverso: a existência de critérios objetivos na fundamentação dos acórdãos do Superior Tribunal de Justiça.

Abstract

It seeks to find objective criteria in the grounds of the judgments of the Superior Court of Justice that deal with the theme called periculum in mora inversa. The method used is the inductive one, according to which ideas start from the special situation until they reach the general one. The judgments of the Superior Court of Justice, which present concrete analyzes, will be analyzed in order to extract a general, abstract premise, applicable to all similar situations. An analysis of the judgments concerning the subject addressed was carried out, in order to extract similarities. The similarity between the object of the judges was verified, which dealt with the public and private interest. With a closer analysis, the existence of a more specific counterpoint in the approach was exposed, namely, the collision between rights and principles in the specific case. Alexy's theory of rules and principles was the answer to the questioning of the work, based on the application of the principles of adequacy, necessity and proportionality in the strict sense, based on the collision law, which exposes what is the predominant principle in the factual support presented .