Os limites do poder geral de antecedência no Código de Processo Civil de 2015

Abstract

The purpose of this work is to analyze the general power of anticipation, its nature, and its subjective, objective, and time limits, granted to judges to establish suitable measures or actions to preserve the usefulness of the process or the subject matter of the litigation itself, based on superficial or summary cognizance, once the requirements of the urgent interlocutory relief are identified. It is a resource that can and should be better used in favor of procedural effectiveness. To this end, the method used started from a systematic and dogmatic analysis of the Brazilian legislation, which has been recently modified, and from the main doctrines related to the topic, such as jurisdiction, its historical development that led to the creation of the differentiated judicial relief until it reached the urgent interlocutory reliefs, its most relevant constitutional principles, and the current requirements adopted by the Brazilian Code of Civil Procedure for the granting of provisional and interlocutory reliefs. In view of the current expectations of contemporary mass society, which aspires to a rapid resolution of disputes, the lawmaker has empowered the judge to provisionally protect certain disputes, especially in cases of urgency, based on appearance and no longer only on the certainty of the right, allowing the judge to create temporary solutions that better suit the specific case, either to protect the right established in the substantive law discussed or to guarantee the credibility of the Judicial Branch, as this doctrine has a special purpose, the effectiveness of which will also depend on the judge's attitude, to minimize the deleterious effects that time may cause until the granting of the final relief