Teoria geral das tutelas de urgência

Abstract

The present work deals with the General Theory of the Guardianships Urgency. The subject will be faced as systematic analysis from the election of values and principles that had guided the study of the justinian codes of the Guardianships of Urgency. The systematic option occurred with the proposal of get the constitucional fundamental objective inserted in art. 3º of the Constitution: the construction of a free, joust and solidary society. The systematic analysis is understood as biggest value to conduct "the human being dignity" and the access to justice , bedding for the inserted national jurisprudence in art. 1º III, of the Constitution of the Federative Republic of Brazil. To sustain the analysis, they are followed, especially, the principles of the equality, of the legal security, of promptness, of the motivation of the sentence, of the due process of law with its consequences: the ample counsel for legal defense and the contradictory. Thus, it will be faced with the General Theory of the Guardianships Urgency from the justinian codes to follow, considered according to values and principles above declined: in such a way assuring Thresholds how much the autonomous, from the Code of Civil Action, and also of those inserted ones in the Mandamus, Law 1.533/51, art. 7º; in the Public Interest Action, Law nº 4.717/65, art. 5º & 4º and in Public Civil Action Law nº 7347/85, art. 12; the Action for a Provisional Remedy Guardianship, art. 796 and following ones of the Civil Process Code (CPC); the Anticipated Guardianship, art. 273, and Specific Guardianship, both also from the CPC. It makes references to Superior Tribunal de Justiça decisions and Supremo Tribunal Federal decisions, showing how they had applied the elected values and principles in your decisions