Da antecipação da tutela inibitória em face da fazenda pública : principais tópicos sobre sua concessão e efetivação

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This study establishes the wide access to the Judicial Branch and the concession of the fair, appropriate and due time jurisdictional protection as a principle and citizen s fundamental right. It points the need to foresee, abstractly, and to apply, concretely, the procedural techniques that are necessary for the concession of the jurisdictional protection capable to promote the protection and the use of the rights. It analyzes the concession of the preliminary protection and of the inhibitory protection, in a conjugated way, to avoid the practice, repetition or maintenance of an illicit action independently of the damage occurrence. It analyzes the obstacles that would impede the concession of the preliminary inhibitory protection face to State, be through the analysis of the legal obstacles, be through the analysis of concrete cases. At the end, it promotes a vision on the execution of preliminary inhibitory protection granted against the State, with prominence for the emitted order, the consequences of its noncompliance, and the resolution of concrete cases that need the preliminary inhibitory protection, for the execution of the citizens rights in litigation against the State.

ASSUNTO(S)

tutela antecipada tutela jurisdicional tutela tutela inibitória justiça tutelage concessions negotiation

ACESSO AO ARTIGO

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