A tutela cautelar e o poder geral de cautela

• Autor(a) principal: Braga, Daniel Longo
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29161
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Medidas cautelares; Tutela cautelar

Arduous task has the legislator to draw the dictates of the law and more laborious task still has the Magistrate to apply such concepts to the real case. It is virtually impossible to be written all situations and everyday behavior, whether human or natural. It is necessary that the law set aside the extreme positivism and trust in its public officials, as the magistrate so that it can make use of its tools to address the existing disputes in the social environment. This tool, obviously, is the law and we dare say one of its biggest changes is the General Power of Caution. Our law is vast and rich, our Code of Civil Procedure provides endless situations, rituals, procedures, requirements and assumptions, all so you can check out the much desired legal certainty and the right off full legal defense and contradictory to the disputing parties. But society is dynamic and the law is immutable. How to bring all those measures typically expressed in a Codex if what now the practice, tomorrow is the disuse? Wisely, our Civil Procedure Code, based on the most widely exponential principles and Constitutional guarantees brings the called General Power of Caution, a tool to meet these natural loopholes so that the litigant, the citizen, the parties may have their rights guaranteed swiftly and effectively