(Ir)reversibilidade da Tutela Antecipada de Urgência

Abstract

This paper proposes the analysis of the institute of the urgent injunctive relief under the subject of relativization of the requirements of Art. 300 § 3rd of the Civil Procedure Code of 2015 and the reciprocal irreversibility, hypotheses not foreseen by the legislator. Thus, studying the injunctive relief, it is necessary to discuss the principles that revolve it, for instance the proportionality and reasonableness, as well as the importance of the historical development of the proper legal process, subtantial for the advent of the principles aforementioned. Therefore, going through the correlation of the effectiveness principle and the injunction relief in the guarantee of jurisdictional protection and the inescapability of the jurisdiction. Then, analyse the fundamental requirements to the concecession of the emergency relief, periculum in mora and fumus boni iuris. Therefore, after the general analysis of the interim protection, finally, the requierement of the reversibility of the factual effects in the emergency relief is explored, glimpsing through how the doctrine and the jurisprudence have managed to supresa the legislative omission, making use of the principle of proportionality.