Tutela antecipada.

Abstract

The insertion of the institute of the antecipated guardianship in the procedural aystem civil Brazilian came to guarantes the possibility of the antecipation of the effct of the order mede for the author in the initial that would be granted of course though the final judgment of the process. Rank that many times the part cannot wait the necessary time for the judicial persuation, since if its pretension will not be satisfied urgently, of nothing will advence to wait the result of the process, therefore exacity that its right is recognized, il more it could not be exertd. the research if gave through the analyeis of the legislation, reading, fichamentos of books, magazines and other publoications that turned on the subject considered and later organized a text of clear and coherent form, for accomplishment of this work. Then the objective of the text is to display, of simple and concise for the insertion of the institute of the antecipation of the guardianhip in the native legal system, and to weave some consideracoes on the main questions excited in the interpretation of anticle 273 of the code of Brazilian civil action. Having as resulted this research, I supplied the code of Brazilian civil action. Having as resulted this research, I supplied the necessity that was worrying the national legal conscience that is to prevent the danger of the delay in the judgement, thus being, the anticipated guardianship is abort an important mechanism, so that if it prevents the risk of the right extinction or mere dilatoty objects of the male difendant. One concludes that our legal aystem if enriched with the possibility of the antecipation of the intended guardianship, on the part of that it appeais the imparcialidade of the state, as form to see its evident right preventively and clearly assured.