O efeito estabilizador da decisão saneadora: natureza jurídica e força vinculativa do magistrado

Abstract

The purpose of this paper is to examine the stabilizing effect of the sanctioning decision as outlined in the art. 357, § 1º of the CPC, revealing the peculiarities of this judicial provision in its different purposes and according to its complex composition and exclusively instrumental vocation. The aim is, based on a systematic interpretation of the legal provision, including from a constitutional point of view and especially considering the central role of the sanctioning decision in the management and organization of the process, to critically address what the legislator really meant by providing for the stabilization of the decision, marking its legal nature and the degree to which it binds the magistrate, in order to conclude whether it is a novelty that promotes progress or setbacks in the brazilian procedural system.