As tutelas diferenciadas em face dos juizados especiais cíveis: tutela antecipada, tutela cautelar e tutela monitória ou injucional.

Abstract

The work entitled "Differentiated tutelage in the face of special civil courts: advance tutelage, precautionary tutelage and supervisory or injunctional tutelage" is eminently theoretical in nature, proceeding directly through a discursive approach. Therefore, dealing with the analysis of the main aspects that have been raised in favor or against the possibility of granting these urgent tutelages in the proceedings before the special courts. With this, a position is taken on the matter, seeking to base itself on the principles that inform urgent protection, as well as on the principles that guide Law N. 9.099/95, thus promoting plausible solutions and, each case judged, meeting the social purposes of the law and the requirements of the common good. The fact that special courts are already endowed with a very brief rite, for the process and judgment of less complex cases, does not prevent the granting of satisfactory or precautionary injunctions. It is seen, this time, in the course of the work that whenever the requirements of the precautionary actions (preparatory or incidental) and the anticipatory guardianships (generic or specific) are present, there will be legal possibility for the formulation of the request and obtaining the measure, especially because there is no incompatibility between those institutes regulated by the Civil Procedure Code with the special courts; on the contrary, they harmonize with the principles of speed and instrumentality and, therefore, with the effectiveness sought by specialized justice.