Tutelas de urgência

• Main Author: Alves, Michele
• Publication Date: 2013
• Format: Bachelor thesis
• Language: por
• Source: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Download full: https://repositorio.pucsp.br/jspui/handle/handle/35101
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Tutelas de urgência; Fungibilidade; Flexibilização; Urgent guardianships; Fungibility; Flexibilization

This thesis aims to study the tutelage of urgency and impact of the inclusion of the principle of fungibility in § 7° art. 273 of the Brazilian Civil Procedure Code. To do so, it will give emphasis to the importance of judicial review, highlighting its role in access to justice, which is fundamental guarantees the effectiveness of the process and legal certainty. In a second step, analyze and proactive precautionary measures in order to make it possible to visualize their similarities, differences and the role of both as guardianships designed to prevent the harmful effects of process time entail irreparable damage or difficult repairing the author of demand. Thirdly, the principle of fungibility will be addressed in order to enable their understanding and indispensability in contemporary society, especially after it was conceived between the tutelage of urgency. And finally, the guardianship of urgency in the Project of the New Code, which seeks to reflect on the proposal for systematization of emergency guardianships in Project 166/10. Therefore, the relaxation of emergency measures by using the principle of fungibility. Thus, they must be classified without much technical formalism, facilitating approximation and its use by the similarities, apart from providing more effective results because of anything you will advance an instrument that does not reach practical results