Tutela provisória da evidência documental concedida em sentença e o afastamento do efeito suspensivo da apelação: uma análise do Art. 311, IV, CPC

Abstract

The present work seeks to analyze the general notion of provisional protection, covering its concept, its species, its foundations, characteristics, forms and legitimacy for application, the procedural moment of concession and the anticipated effects, as well as the main scope of deepening the studies in relation to the protection of documentary evidence, based on art. 311, IV, of the Code of Civil Procedure, in order to avoid the suspensive effect of the appeal and to be able to promote the petition for provisional execution after the sentence has been published, in the exact terms of art. 1.012, §1, V and §2, of the current civil procedural law.