LIMA, J. A. D.; LIMA, José Audísio Dias de.
Resumo:
for to investigate the subject, - however, without depleting it. it has seen
the numerous workmanships, processes and jurisprudences that exist
speaking on the subject - since its historical moment until controversies
quarrels between the flowing subject and the action for a provisional
remedy guardianships, standing out the differences between both well
the Justinian codes. We saw with this study the unjust quail is to make
with that the author waits until the sentence to see a right satisfied that
already is undisputed or that parently dismissal bigger and/or difficult
legal maneuvers on the part of the magistrate so that the author sees it
materialized. The anticipated guardianship aims at to restrain the lentoid
of justice or the improper use of resources, always dilatory for the
adversary party, distributing of equal form, between author and male
defendant, the responsibility to support the delay of the process. The
male defendant supports to that part that already is undisputed, and the
author only coffer with the parcel of the order where still the
controversy exists.