A antecipação dos efeitos da tutela com base na incontrovérsia

Abstract

Studies anticipating the effects of guardianship based on the uncontroversial, provided for in art. 273, § 6 of the Code of Civil Procedure, seeking to give maximum effectiveness to the institute, through a prism eminently constitutional. Analyze the Draft of the new Code of Civil Procedure, in particular new institutes of emergency guardianship and custody of evidence, notably granted on the basis of incontrovertible. To this end, we adopted the deductive method, through research doctrine and jurisprudence. Argues that the procedural institutes should be applied in line with the Constitution, focusing on the effectiveness of providing speedy trial and the court. From this perspective, argues that the injunction granted on the basis of incontrovertible real trial should be considered part of merit. Concludes that there is wide divergence of doctrine on the subject, which must end with the advent of the new Code of Civil Procedure.