Tutelas de urgência

• Autor(a) principal: Lima, Elielma Correa
• 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/33951
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Tutela antecipada; Tutela cautelar; Tutelas de urgência; Medidas antecipatórias e cautelares; Fungibilidade; Injunctive relief; Writ of protection; Guardianship of urgency; Anticipatory and preventive measures; Fungibility

This study aims to analyze the different forms of emergency protection, the means by which they are introduced in the Brazilian legal system, and your needs. The method used for the development of this monograph is the bibliographic analysis method, through consultation to the doctrine, articles and the law, serving as base data collection. It was of fundamental rights linked to these guardianships as well as the concept of emergency guardianships. I explained the possibility of the appropriateness of the emergency guardianships. To these are added to the considerations brought about by the new Draft Code of Civil Procedure. In the context of the Code of Civil Procedure Reform, is adopted the procedural fungibility between emergency guardianships, due to the strong common bond between them. The new Civil Procedure Code adopted the emergency guardianships for exceptional cases. As we know, these guardianships aims to protect the procedural object or, advance the effects of the judgment, the party could only get at the end of procedural relationships, but if it finds the existence of some assumptions provided by law. The aim was also a modest analysis with regard to institute precautionary and injunctive relief as to the possibility of fungibility between the two institutes. At the reasons and grounds, following exposed in this study, it is thought wise to insert the principle of two-way fungibility the provisions of § 7 of Article 273 of the Civil Procedure Code, regarding possible the judge grant anticipatory measure in postulating injunction with satisfactions requirements. Thus, is fulfilled observe the principles of effectiveness and procedural economy and the principle of instrumentality of the forms in one direction, namely, the right to promote the protection of the applicant in a timely and fair manner. Finally, without a doubt, positivization the preliminary injunction in Brazil came from the awareness of what really should be access to justice, which is fundamental guarantee provided for in Article 5, XXXV of the Federal Constitution