Tutela antecipada no âmbito recursal

Abstract

The aim of this study is to explore the relevance and legal aspects of injunctive relief in the context of Brazilian procedural law, especially in relation to injunctive relief on appeal, in light of the innovations brought in by the 2015 Code of Civil Procedure. The research begins with an analysis of the fundamental concepts of injunctive relief, highlighting its importance for the effectiveness of justice and the protection of fundamental rights, in situations where waiting for a final decision can cause irreparable damage. The study will be divided into chapters that will first address the effects of appeals and the dynamics between suspensive and anticipatory effects, which are essential to understanding the role of injunctive relief in appeals. This will be followed by a detailed analysis of the requirements necessary to grant preliminary injunctions, differentiating them from precautionary injunctions and discussing the fungibility of these measures. The paper will also focus on the application of advance relief specifically in the interlocutory appeal, emphasizing its importance in situations of urgency. Finally, concluding remarks will be presented to summarize the main points covered, highlighting the contribution of injunctive relief to the effectiveness of justice in the Brazilian legal system. The research aims to provide an in-depth understanding of injunctive relief in the appellate sphere, highlighting its crucial role in protecting the rights of the courts