Tutela antecipada

• Autor(a) principal: Pereira, Deborah Mantuani
• 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/33834
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

The social and peacemaker scope of the jurisdictional function of the State necessarily involves the adoption of a new way of performing the judicial proceedings in order to speed up the adjudication and the material and temporal effectiveness of judicial activity. The legislative power aims to grant to citizens an effective, appropriate and timely remedy through a due process. Thus, the adoption of differentiated or jurisdictional emergency guardianships are important tools to be implemented in the new designed process. In this context, preliminary injunction appears as a mean of expediting the adjudication and is characterized as a kind of judicial protection of urgency, and thus, in line with the systematic and teleological interpretation of the relevant legal provisions (by which the paternal legislative power granted injunction or preliminary relief). In this regard, it is necessary that the injunction relief operate both in cases of constitutive and declaratory nature, because, otherwise, the institute remains methylated in its essence and inefficient in its practical results. However, in order to meet this practical efficiency, in a well-accepted understanding, the institute provides for the anticipation of the effects of constitutive and declaratory judgments