Tutelas provisórias no novo código de processo civil

Abstract

The present addresses one of the most important institutes of the Brazilian civil procedural system, the provisional (summary) tutelages included in Book V between 294 to 311 of Law 13,105 of March 16, 2015. With the entry into force of the New Process Code Civil this work intends to outline an overview of the modifications introduced with respect to summary tutelas, as well as to describe the evolution of summary cognition. As a starting point, we will address constitutional grounds of provisional protection we will discuss with regard to the innovation of the Federal Constitution and the constitutionality of the new procedures expanded in it. Following, we will deal with matters that are far from provisional protection, urgency protection, anticipated guardianship required in advance, stabilization of the guardianship anticipated, guardianship required in antecedent character and guardianship of the evidence, addressing the differences between them, analyze the procedural reforms that introduced them in the legal order and the most important changes that these reforms implemented in the procedural system, making doctrinal and jurisprudential notes. We will classify and conceptualize the species and the genus temporary guardianships. We will discuss the constitutional basis of the summary tutelas, starting from the paradigmatic decision of the Federal Supreme Court (STF). Analyzing the constitutionality, or not, of the laws that restrict the granting of injunctions in precautionary measures and of anticipatory measures. Concluding with the humble understanding of the one who writes you, of the authors on the point, relating it to the ideology of the New CPC