A concessão da tutela antecipada e o princípio da razoabilidade.

Abstract

The concern with the procedural fast has been a constant since the most remote times, since the delay in the course of the procedure generates bigger injustice of what the committed one for that it resists the pretension unjustifiedly. Ahead of the fight of the State in the search of mechanisms capable to accomplish the distribution of efficient and satisfativa justice of the expectations of its addressees (judgement fast) it is that the institute appeared of the Anticipated Guardianship, aiming at to grant to the citizens of the process half capable to move away the incidence from decurrent damages of the delay. Recently, the constitutional emendation n° 45 brought new force to the institute, with the insertion of the principle of the razoability in the combat to the problem of the de layed in Justice, has seen that its observance in the application of the anticipated guardianship represents the fulfilment of the orders considered through the principles north of the Right. The objective work, therefore, the study of the anticipated guardianship in its general and specific, doctrinal and legal aspects; the examination of the principle of the razoability in its material and procedural content and the inquiry concerning the application of the related principle in the concession of anticipated guardianship. For in such a way, the employed methodology accumulates of stocks the use of the methods bibliographical, of comparative, exegetico-legal study and the description-evolution and the structure of the research, registered in three chapters, observe the handling of the considered objectives. The problematic ece of fish, ahead of the chosen subject, is configured of the following form: Of that way the application of the principle of the razoability in the concession of the anticipated guardianship contributes for the solution of the problem of the de layed of Justice? The contribution given for the principle of the razoability is ample, has seen that it makes possible an effective judgement, fast e, concomitantly, adjusted and as ahead of the lawsuit of the petitioner of the anticipated guardianship. Like resulted, what one expects is the reach of the considered objectives and the confirmation of the problem and hypothesis previously elaborated e, in the conclusion, what if perceives, of beforehand, is that the application of the principle of the razoability in the concession of anticipated guardianship will serve as precursory of a new stage of advance of the procedural technique in the accomplishment of the material right, making possible the had satisfaction of the right pled in little time. However, walked for the jadoption of a most simple viary of the procedural mechanisms and its real approach with material right in the case concrete they are ideal to be pursued for all society, dependents also of the enough structure and apparatus, to be granted to the Judiciary Power in the accomplishment of its function.