Poder geral de cautela no novo Código de Processo Civil

• Autor(a) principal: Martins, Leonardo Soares
• Data de Publicação: 2016
• 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/34704
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Direito processual civil; Tutela cautelar; Poder geral de cautela; Civil procedural law; Protective measures; General power of protective measures

Following the evolution of procedural measures, has Brazilian legislation, in particular the Civil Procedure Code, that recently get birth, the concept of the general power of protective measure; that sets out the standarts and protection as the coveted right. In addition this institution is an aftermath of the historicalphilosophical based on the evolution of occidental rigth, ultimately derived from Roman legal developments in jurisdictions that make human reduction to slave condition to satisfy the coveted rigth; resorting to the modern mechanism that conflates the lawful position implied by covering and protecting well tutored goods, which confers the minimum juridical incursion on patrimony out parts. The effectiveness of judicial assistance in civil law are described on Constitutional, absolute supremacy for the society safeguard against the arbitrary power and discretionary influence. Also defines the relationship of different entities within a state, judiciary, the legislature, economic freedom and contractual relations, and the rights and duties inherent in social life. The clarity of this provision fits in civil procedural law where emerges several controversies about how to guarantee the juridical efficient and the juridical action, what means protect the coveted rigth, without neglecting the rights and process guarantees, as contradictory or legal defense and, simultaneously, their ability to act among other principles from the Brazilian civil procedure. One of the instruments to achieve this purpose is the cautionary measure and it entered the general power cautionary, which is open field for several discussions as its purpose, if understood as a defense of judicial protection itself or the coveted right; possibilities concession by the magistrate, in addition to numerous situations that create doubts in the law operators. The point of interest for present study is based on the principles, Roman root and historical evolution conception of the cautionary measure; and how the foundation concerns blow the brazilian structures and principle law, holding up all the New Civil Code Process. The study developed was exploratory and qualitative, centered in the hipotetic-deductive methodology, by bibliographic and documentation analytical procedures for the purpose of determining the contours of the General Power of Protective Measures in the current Brazilian procedural law