A tutela provisória na Lei Nº 13.105/2015: requisitos e procedimento

Abstract

The purpose of this current paper is to discuss about the system regarding preliminary injunction in the new Civil Procedure Code ( NCPC ) Federal Law n. 13.105/15, in which we highlight the main differences between the present and future systems as well as its practical consequences for law practitioners and those affected by judicial procedure. Then, we may conclude whether there is an improvement in the system of provisional measures. Taking into consideration the importance of having a fast and effective decision granted by the Judicial Power towards society, the Constitutional Amendment n. 45/2004 has included as a constitutional and fundamental guarantee of citizens the right to a reasonable duration in a judicial and/or administrative procedure together with the means that warrant a fast procedure. It is also important to stress that the modifications in the system of the Judicial Power Bodies (exclusion of judicial vacation, among other measures). The more study we find concerning the system of provisional injunction, the deeper discussions will be about this relevant institute, which shall contribute for the scientific improvement of the law practitioners. It is worth mentioning that there is not, in our national doctrine, a great quantity of research and studies about the new system of provisional measures that has been incorporated in the NCPC. Thus, this very paper aims to raise important and practical questions for the law practitioners, seeking assistance in international doctrine and its experience. After the approval of NCPC, the result of this paper will bring relevant matters for the law practitioners not only to the main characteristics and requirements of the new system of provisional measures but also with regard to the procedure established therein