Priscilla Folgosi
Lawyer at Marcos Martins Advogados
The Third Panel of the Superior Court of Justice (STJ) unanimously reaffirmed, in the judgment of a Special Appeal on October 23, 2018, the understanding that damages arising from the execution of a preliminary injunction, as well as precautionary injunctions and provisional execution, are governed by the procedural system in force, regardless of the analysis of the party’s fault or whether it acted in bad faith.
The Supreme Court understands that the obligation to compensate for the damage caused by the execution of an advance injunction that is later revoked is a natural consequence of the dismissal of the claim, and does not even require a request from the interested party.
Thus, when a judgment of dismissal revokes a preliminary injunction, it constitutes, as a secondary effect, a certainty of the plaintiff’s obligation to compensate the defendant for any damage suffered, the exact amount of which will be determined later in settlement proceedings.
