LEGAL NATURE OF THE DECISION STABILIZING EARLY EMERGENCY GUARDIANSHIP

• DOI: https://doi.org/10.22533/at.ed.216452426029

• Palavras-chave: 1. Emergency Guardianship. 2. Legal Nature. 3. Stability. 4. Civil Procedural Law. 5. Decision.

• Keywords: 1. Emergency Guardianship. 2. Legal Nature. 3. Stability. 4. Civil Procedural Law. 5. Decision.

• Abstract:

  This scientific article addresses the existing controversy in doctrine and jurisprudence regarding the legal nature of the decision that stabilizes urgent protection. The research aimed to investigate the legal nature of this decision, its effects over time and its implications for the progress of the process. This article aims to understand the essence of this institute and its deficiencies through a bibliographical review and theoretical foundation. In this sense, the different types of guardianships existing in the Brazilian civil procedural system will be analyzed, focusing on early provisional guardianship granted in advance. Possible alternatives will also be explored to define the legal nature of the decision that stabilizes this protection. It is expected that the research will contribute to a better understanding of the legal nature of the decision that stabilizes the urgent protection, identifying its effects over time and its implications for the process. Based on the results obtained, solutions can be proposed to develop a more accurate understanding of this decision.