Fungibilidade das tutelas de urgência

• Autor(a) principal: Tomé, Giovani Hermínio
• Data de Publicação: 2010
• 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/36708
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

In order to appreciate the etfectiveness of the process, ensuring its relevance to society, scientists have sought procedural mechanisms to increase gradually the effectiveness of judicial decisions, to the effect that they generate impact on the lives of the parties. The path was used to establish guardianship basement at the cognitive level, in a theoretical way, aiming for a decision more quickly and appropriately to take effect. A process is effective when it has the ability to generate real effects of the integral parts of the dispute. Once it emerges the risk of non-occurrence of effectiveness, establishing the legal means to eliminate such risks are known as immediate injunctions, which are magic, just the guarantee of procedural effectiveness. In our work we will take as urgent interlocutory cautionary and proactive as well as the principle of fungibility between the two. As the planning assumes that only after an analysis of extreme consistency 1s that the judge may issue an order definability coated, it is evident that, due to the reduction plan cognocivo, the lack of completeness of data collection, guardianship emergency will always be endowed with the character of the provisional. Interim measures have the scope to determine the dispute until it is possible to produce a final decision, specifically ensuring the usefulness of the process. The process requires a formal adequacy, without which performance would have prevented the court. But how far can we allow a tolerance for such inadequacies? These toleranceshave come to occupy a space very important in order to pass that joined the ranks of the procedural principles, namely, that of fungibility. This principle allows the relaxation of the principle of formality, but only in exceptional occasions, allowing the performance review. In this study verify the possibility or otherwise of the use of the principle of fungibility in anticipatory injunctions and urgency, according to the doctrine of evolution, description of our current system, distinguished from each other. Taking into account that the issue we dealt with is still little studied, that our doctrine is extensive gaps and sparse, studies completed by our focus, emphasizing a critical approach in relation to the Brazilian court system.