Tutela de urgência no processo civil e a análise crítica das medidas cautelares e antecipatórias

Abstract

This monograph aims to examine in detail the role of anticipatory and precautionary measures in the context of due legal process. Problems related to urgent protection, such as its excessive granting or unjustified denial, compromising legal certainty and the effectiveness of the process. Furthermore, the granting of these protections can prolong the judicial process when there is a need for an in-depth analysis of the merits, contradicting the urgent nature of the measure. Furthermore, this study aims to examine the role of anticipatory and precautionary measures throughout due legal process. This involves conceptualizing these measures from their origin and evolution, in addition to analyzing their use in the context of urgent protection, considering principles such as delay and effectiveness in civil proceedings. It also proposes to investigate the effects of urgent protection in relation to the fundamental rights of the parties, to clarify doubts and better understand its impact on the legal system.