Tutelas de urgência no sistema recursal: agravo de instrumento e apelação cível
AUTOR(ES)
Paulo Afonso de Souza SantAnna
DATA DE PUBLICAÇÃO
2010
RESUMO
The scope of this paper is the analysis of procedural urgent measures in interlocutory and civil appeals. More specifically, we examine the suspension of the suit, and the role of injunction and provisional measures as an activity of the reporting justice who will analyze such appeals. The latest amendments to the Brazilian Code of Civil Procedure, as well as the bill for the new Brazilian Code of Civil Procedure, reveal that the legislature has worried about the procedural urgent measures (provisional and preventive), and about increasing the duties of a reporting justice when it comes to that matter, in Courts of Appeal. It is thus important to examine how these two issues relate to each other and how are treated in our appeals system and that will be done, initially, analyzing the procedural urgency measures, in all their variations. A historical investigation of such measures shows the cause for the several existing problems in our current system, but may also present the necessary solutions. Likewise, an examination of the general theory of appeals can help understand what measures must be taken to solve the procedural jamming of the courts. Once this is verified, one can start analyzing the concession or denial of a request to suspend the suit, or a request for an injunction or a provisional measure in interlocutory and civil appeal by means of an immediate and singular decision by the reporting justice
ASSUNTO(S)
appeal direito processual civil tutela de urgência recurso agravo de instrumento apelação tutela cautelar tutela antecipada injunction urgent interlocutory appeal provisional reporting justice
