Fungibilidade entre a tutela antecipada e a tutela cautelar.

Abstract

This research will broach the subject of the guardianships of urgency passing by its issuing in land ordering. After this it will see about distinction made by different teachers of law and the understanding of jurisprudence that it can conclude that between the urgency subjects there is an important similarity that predominate. But the main part of this research will consist in reach of the rule introduced by law number 10.444 dated on May 7th, 2002, that disposes about fungible between the anticipated subject and care subject will have purpose to try clarifying to interpreters of right like they must behave themselves ahead situations about the fungible in question. For this, it will be used the historic and growing method taking teachers' views comparing their disagreements found in rule and jurisprudence about the theme fungible between anticipated subject and care subject. It also will attend the technique of the indirect document through bibliography researches published on the whole. At the end it concludes that news brought by lawmaker came out because of seek of the permanent and efficiency of the installment legal, as well as economy of the lawsuit. So, it finds that formal questions must not draw up constitutionally assured rights like permanency of power and moderate duration of lawsuit as well as the acceleration of its way, as it is known that the lawsuit must be utilized like an instrument and must not be utilized like an aim in itself only.