Tutela antecipada no processo do trabalho

Abstract

The present paper analyses the custody anticipation institute, seen by the Work Lawsuit view. It describes the legal aspects, necessary requires for its concession on concrete cases, positions and doctrine and jurisprudence discussions, besides verifying its applying on the working lawsuit, on subsidiary way. It registers specific hypothesis of custody anticipation foreseen on the CLT. The research theme is inserted on the process area, leading to the work lawsuit. It was used large amount of bibliographical material, using the author the national doctrine and jurisprudence. It was used de deductive boarding method and the monographic procedure. It was given special eminence to the anticipate custody institute on the obligations of giving (paying), with the study of the whole article 273 of the CPC, including the legislative changes occurred throughout the research development. The research also encircled the kinds of specific custody obligation of doing or not doing (article 461, § 3rd of the CPC) and of delivering stuff (article 461 – A), the way of applying them, imposing penalty and other ways of evaluating the part right, as well as its fit on the Work Lawsuit