Tutela de urgência e tutela da evidência á luz do anteprojeto do novo código de processo civil.

Abstract

This monograph work, had as main objective research concerning the Custody of Emergency and Custody of the evidence in light of the Project Law the Federal Senate number 166 of year 2010, for the purpose of instituit the new Code of Civil Process Brazilian. In search of answers to the problems raised as issues of research, we used the methods bibliographic, the use of doctrines, evolutionary history to demonstrate the emergence and evolution of the Custodys mentioned, the comparative method to draw a parallel between anticipation of Custody and Preliminary Injunction, and between anticipation of Custody and the Preventive Custody and finally, the exegetical method of legal interpretation with the device of the Code of Civil Process of 1973, the Draft of the new CPC, as well as other devices other laws. It can be argued that the Brazilian legal system has some effective measures, capable of reconcile certain constitutional standards, on one hand the standard that deals of the access to fair justice, the dignity of the human person and of reasonable duration of proceedings, and other side by a constitutional provision that guarantees due process, the contradictory and wide defense. These measures are called Emergency Custody, which, in turn, is divided in Custody Preventive and Satisfy Custody. The first seeks to avoid the risks and ensure the outcome of proceedings, ensuring the satisfaction of a future court decision, the second aims to anticipate, in whole or in part, the effects of protection desired. By being part of the same genus, there is always confusion and misunderstanding to be addressed, both in academic and doctrinal as well as judicial, using one when it comes to the other and vice versa. Given this possibility of confusion, the legislature legalized the fungibility of them. In the Draft of the New Code of Civil Procedure shall be regulated together, reflecting the similarity between them. Now the classification is Satisfy or Preventive Emergency Custody granted in situations that require urgent treatment, ie at the time, also may become more of a party opponent. Finally, the Custody of the evidence, the novelty when it comes to measures to promote celerity to the court. The same will be based on non-urgent situations, but in situations where the applicant's right to show up clearly. Thus, the Emergency and Evidence Custody, are materialized in the search for a court to provide faster and more effective, given the constitutional principles and social justice closer to contemporary reality.