Tutelas de urgência nos tribunais superiores

• Autor(a) principal: Hisatugo, Maurício Yano
• Data de Publicação: 2012
• 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/30006
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

This work has as its main focus the analysis, theoretical and practical, of the use of emergency legal protections (preliminary injunction and temporary injunction), in the appellation context, emphasizing the Superior Courts (STF and STJ). The importance of the subject is, mainly, the effectiveness of judicial protection, which, at last instance, can be measured by the realization of the material right in reasonable length of time (Constitutional Amendment number 45). However, this question is not limited to the first instance jurisdiction, considering the appellation system provided by law to guarantee legal security. Thus, considering that the legislature itself regulates some situations which allow the use of preliminary injunction and temporary injunction in the appellation instance, this work will deal with such issues as tools to guarantee that the court protection can be effectively reached. In this respect, the management of emergency legal protections on superior instances (STJ and STF) presents itself as one of the few ways for avoid loss of the material right in the course of the judicial proceeding, both to “unlock” the proceeding, to anticipate the final decision or even to suspend the effectiveness of particular decisions, removing the harmful consequences resulting from the delay in the court proceeding. Without such measures, judicial proceedings would lose both in effectiveness and safety. In fact, the material right loss due to these delays would make the process itself an innocuous and useless tool to resolving disputes