Tutela antecipada na sentença: o desvirtuamento do instituto

Abstract

The purpose of this research is to trace a way of interpretation for the problematic created by the concession of the anticipative protection of rights verdict. The first goal is to give the meaning of some elementary and essential concepts bound necessary to the perfect comprehension of the institutes we are going to talk about. Thereupon, start a criticism review of the ontologic and cognitive argumentation used by some authors, concluding that their comprehension is unfeasible misusing of the anticipative protection of rights by its concession in the last judgment of merit. After that, the point is to start an analysis about the procedural systematic and the finalistic of the very institute, because the argumentation brought by the doctrine and jurisprudence seems to show us ways of interpretation based exclusively in the urge of effectiveness of the process. Finally, even against the majoruty jurisprudence, we will try to demonstrate the failure of all arguments used to justify the concession of the anticipative protection of right in the verdict.