The stay of preliminary order, of authoritarian origin, seeks to suspend judicial decisions under the allegation of serious injury to the public order, health, safety and public economy. It is an anachronism of the New Code of Civil Procedure: it does not observe the constitutional principles of the process, it tends not to defend the interests of the State or society, but rather those of the governments, and it weakens the civil public action. The scope of this research is to analyze the stay of preliminary order in the face of the aspirations of the new procedural system and its effects on public civil actions.