A tutela antecipada e sua aplicabilidade nos juizados especiais cíveis como instrumento do acesso à justiça.

Abstract

It tutors it premature, in spite of its insert in the Code of Civil Process with the coming of the reform of 1994, doesn't come as a new institute, because he/she already came in some special procedures, to example of the preliminary ones in injunction. It is well truth that tutors it premature It appeared as a form of promoting a larger effectiveness in the delivery of the installment jurisdicionai, tends in view that the rigidity of the processual formalism, especially In the ordinary common procedure, it was hindering the exercise of the function jurisdicionai of the State. Being an institute that if list in an Initial cognition, that is to say, non exauriente, tutors it premature he/she/it consolidates through the verification of presuppositions foreseen in the art. 273 of the Code of Civil Process: it proves unequivocal and verisimilitude of the allegation. Before that, it calms discussion it has been involving the analysis of the possibility or not of application of the it tutors advanced in Civil Special Juizados, front to the beginnings informants foreseen in the Law no. 9.099/95. Juizados appeared as a form of promoting a facilitation to the access to the justice. However, before the presented demand, the velocity dressed in the procedure of Juizados went being suffocated, so that now he/she complains for the adoption of measures passiveis of recuperating such velocity. In this aspect, inegavelmente, appears her It tutors advanced as a little skilled of promoting a dinamizacio to Juizados, without incompatibilities appear between the juridical safety and the break of the processual formalism. After all, the access to the justice this intimately linked to the efficiency of the installment of the it tutors jurisdicionai, and, before that, it tutors it premature it cannot be seen as an adverse institute to the procedure of Juizados. The judge, while aplicador of the right to the concrete case, cannot go away of the reality, imagining a barrier to impede the delivery of the good of the life longed for by the part.