OBTENTION OF THE THING JUDGED TO MAKE STABLE THE PREVIOUS CARE: THEORY OF THE ABSTRACT EXHAUSTION CONDITIONING

Abstract

This article aims to discuss the legislative innovation introduced by the 2015 Code of Civil Procedure, which gave rise to controversies raised by Brazilian jurists: the stabilization of the provisional relief of satisfactory urgency, which brought to light several questions, notably in relation to the prohibition of res judicata. It also seeks to clarify the rules of the preliminary relief procedure and elucidate several aspects of the procedure applicable to the case. Using a bibliographical methodology, we will demonstrate, through the proposition of the theory called conditional summary exhaustion, that, even in the face of the prohibition of res judicata in the stabilization procedure, res judicata occurs. From this perspective, the neo-procedural/neo- constitutional view, which focuses normative interpretation on procedural speed and full resolution of the merits within a reasonable time, supported by the principles of good faith, efficiency and cooperation of the parties - the guiding content of the Code of Civil Procedure- is incompatible with legal uncertainty, especially because when the evidence is summarily exhausted and the defendant's lack of interest is notorious, res
judicata is the right measure.