Antecipação de tutela do pedido incontroverso – julgamento parcial do mérito

• Autor(a) principal: Godoy, Willian Fernando de Proença
• Data de Publicação: 2014
• 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/35959
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

When I decided to specialize in Civil Litigation, figured it would be possible to enter a rather peculiar way "beaten" subjects. One of the topics that caught my attention was the theme Injunctive Relief, which always aroused great interest in the doctrine. This interest was due to the rich detail of the institute. Could not understand how it could be granted early in the process something that would only be granted at the end, nor understood the possibility of the magistrate uttering more than a sentence in the same case, as in the case of partial judgment on the merits. The doctrine treats the question with the necessary wealth, analyzing from the manuals to the indisputable influence of German law, evident in the work of Teacher Marinoni. So I decided to focus on the job that last part, the possibility of being given a sentence once the matter has become uncontroversial, but without having been instructed to fully deal. Treated in this way, the possibility of partial judgment on the merits with its consequences. The possibility or not of provisional execution of the decision, the formation (or not) of res judicata, as well as other effects of the recognition of partial incontroverse demand. Treat the subject from the perspective of the new Code of Civil Procedure project. We end with our positioning of the more controversial issues, the findings and required critica