Estabilização da tutela antecipada e a coisa julgada

uma releitura sobre a imutabilidade diante da cognição exercida pelo juízo

Abstract

This article examines the relationship between the stabilization of preliminary injunctions and the establishment of res judicata in civil proceedings. It analyzes Article 304 of the Code of Civil Procedure and the hybrid nature of stabilized injunctions, which, although initially provisional, become immutable if the defendant remains inactive and does not file a review action within two years. It argues that, after this period, the stabilized decision attains the status of material res judicata, even allowing for a rescissory action. The author argues that summary judgment, combined with the opportunity for adversarial proceedings, is sufficient to legitimize the finality of the decision. This institution reinforces legal certainty and procedural efficiency, upholding the relevance of the parties’ procedural conduct and valuing the stability of legal relationships.