Do cabimento da tutela antecipada na aÃÃo rescisÃria

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

This work exposes an ample study about the rescission action, its characteristics, applications and procedure, bringing modern vision on some arduous aspects, besides negotiating in panoramic way of the novel institute of the anticipation of the protection, inserted in the Brazilian legal proceedings, in 1994, with the modifications and inserts that were happened in the civil legal proceeding law concerning tutelage anticipation, until the recent alteration introduced by the Law number 10.444/02. The two important themes juridical agreements in this study meet in interesting discussion, to evaluate the compatibility and the pertinence of the anticipated provision, in the rescission action, being inspired by exceptional examples, basing the reasoning in qualified doctrine and robust jurisprudence; finally, facing in the essence the juridical arguments that resist to the idea of preliminary provision against the judged thing. The reflection adduced in the study, based in consistent juridical argument, reveals that sifts of the developed reasoning sticks roots in constitutional warranty that not only it authorizes, as fundamentally it recommends the alternative of tutelage of urgency, to support, when filled the legal presuppositions, the lesions or threatens to right. For all this, the study contributes with new reflections on subject so controversy

ASSUNTO(S)

aÃÃo rescisÃria proteÃÃo constitucional tutela de urgÃncia tutela antecipada rescission action constitutional protection anticipated provision ameaÃa a direito threatens to right tutelage of urgency anticipated provision pertinence of anticipated provision provimento antecipatÃrio cabimento de tutela direito

ACESSO AO ARTIGO

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