As tutelas de urgência no direito processual civil brasileiro

Abstract

After the recent democratic revolution, Brazil in the 1990s sought to align itself with the new global order. From that moment, the need arises to establish a civil procedural law that is in line with the social reality currently experienced by the country, and which can represent an effective response of the State Judge to the demands of the population. Almost thirty years after the promulgation of the Major Charter, in a politically and economically effervescent scenario, Law 13.105/15 is consolidated to meet the aspirations of society that calls for effective judicial performance. In its first chapter the work aims to make a historical survey on the theoretical evolution of Civil Procedural Law up to the modern civil constitutional process, starting from the classic Greco-Roman antiquity, with special emphasis on the Brazilian civil process. After the introduction of the work, the second chapter is devoted to the analysis of the protection of urgency in the Code of Process of 1973, highlighting the common theoretical presuppositions between the guardianship of precautionary urgency and the anticipated, as well as proper title to discuss the peculiarities Of each of the measures. The third and final chapter of the study highlights the new assumptions of urgency protection in the Code of Civil Procedure of 2015, highlighting the main changes made in relation to the previous legislation, in addition to the advantages and disadvantages of the current codification. This is an essential parallel to the understanding of the new Brazilian processualist dynamic.