Tutela provisória em espécie: medidas cautelares e medidas antecipatórias.

Abstract

The morosict of the judgement of the State with the delayed duration of the process is one of the biggest problems of Justice in our country. Ahead of such problems the legislator created two forms of guardianships that give to the part the provisory guarantee of the pretension in situations of urgency or irreparable damage. The objective of the present work is to approach of simple and concise form the main similarities and differences between the writs of prevention and the measures, known for the doctrine as the species of provisory guardianships. For in such a way one becomes necessary to trace brief on the evolution of the Brazilian civil action, since the reference to the remote times where the rule was of until the current days, in way that if can visualize, inside of this historical context, the proper characterization of these guardianships, considering that as much the writs of prevention as the antecipactorias, by itself, inside of that macro process of evolution of the norms of civil procedural law, had also not appeared of the nothing, before represents Justinian codes resultants of the perfectioning of the right, in special brought of the comparative rules of law through important theories (Chiovenda, Carneluti and Calamandrei). It will be looked, therefore, to demonstrate the legal nature, the estimated requirements and of the measured mentioned ones, aiming at to the analysis of the main aspects that have been raised the favor or against the possibility of the concession of these urgent guardianships in any species of processes. With this, one searchs reasonable recital in the informative principles of the urgent guardianships, thus promoting, solutions in each in case that judgeship, and taking care of to the social ends of the law and to the requirements of the common good. It is seen, of this done one, in of the work that whenever the requirements of the writs of prevention and the measures i f to make gifts have legal possibility for the formularization of the order and attainment of the measure, mainly because any opposition for in such a way inexists; for the the opposite, the principles of and are harmonized with and, therefore, with the effectiveness searched for justice. The research i f gave through the analysis of the legislation, readings, doctrines and other publications that turned on the subject considered and later organized of form coherent uniform and for accomplishment of this work. Inasmuch as, the legal system is perceived that lode to enrich with the possibility of the anticipation of the intended guardianship or being action for a provisional remedy it on the part of whom it appeals the e of the state, as form to see its evident right preventively and clearly assured.