Tutelas provisórias de urgência e sua análise à luz do novo Código de Processo Civil

• Autor(a) principal: Camara, Luiz Eduardo Pereira de Menezes
• Data de Publicação: 2018
• 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/34841
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Tutelas provisórias; Tutelas de urgência; Tutela antecipada; Tutela cautelar; Novo Código de Pocesso Civil; Provisional measures; Urgent injunction; Preliminary injunction; Preventive injunction; New Civil Procedure Code

Faced with the impossibility of individuals doing justice with their own hands, the State was entrusted with the monopoly of jurisdiction to settle disputes. As an instrument of its performance, it was created what was called the process. While through the cognitive process the State has the mission of solving a crisis of certainty, defining the right, through the executive process seeks to remedy a payment crisis. However, a process that does not truly deliver what is sought by the party does not reflect the State will, namely: social pacification. And in practice, innumerable judicial decisions would be ineffective against certain peculiarities that demand, from the Judiciary, a quicker and more differentiated action. As a sequence of acts, it is natural that the process has a long and an extended duration. Sometimes it’s duration allows transformations in the factual world, caused by the parties or not, that threaten the rights of people or even the future jurisdictional activity. It was necessary for the legislator to give the Judiciary tools, albeit exceptional ones, precisely to avoid situations of danger. It was in this wake that the creation of provisional emergency orders, indispensable instruments to the guarantee of the procedural and jurisdictional effectiveness provision. The present study seeks to examine the characteristics of such provisional tutelages in the light of the new rules of civil procedure.