THE STABILITY OF ANTICIPATION OF TUTELAGE AND THE RES JUDICATA: COMPARATIVE ANALYSIS OF PROCESSUAL INSTITUTES

Abstract

The article aims to investigate the legal nature of stabilizing anticipation of tutelage, in order to distinguish it from res judicata, identifying the effects of each one in the process. The research approach is of a qualitative nature, the method of approach is deductive, based on a bibliographic review, and the procedural method used is the monographic one. The research findings point to the existence of substantial differences between these institutes. In addition to referring only to the effects of the decision ‒ and not to its content ‒, stabilization has no effect beyond the process in which it was delivered, limiting itself to parts of the process, without harming or benefiting third parties.

Keywords

• civil procedure
• anticipation of tutelage
• stabilization
• res judicata