Poder geral de cautela como garantia à efetividade da tutela jurisdicional

Abstract

The present monographic study aims to analyze the procedural institute of the General Power of Caution and its performance as guarantee to the effective judgement on the part of the Judiciary Power. To reach this objective, they assayed the origin of the Preventive injection, as well as its confirmation as third form of Jurisdiction, focusing on origin of the general power of caution. An understanding concerning the particularitities of art. 798 of the Brazilian Civil Code, analyzing its object, its requirements, its nature and the important question of the discricionarity of the magistrate, together with its limits, when of the application of the general power of caution in the presented case. Concluding the present monographic study, the last chapter discusses the constitutional principles that define the judgement, specifically the inability to fall appart from jurisdictional guardianship. It was considered important the influence of the duration of the procedural acts on the object of the main process and as in many cases that if presented to the judiciary it would have its rights injured in case that it had not used the acauteatórios acts, in special the general power of caution. Finally, an examination of the particularitities of the general power of caution and as its performance preserves the merit of the main process, guaranteeing the credibility and effectiveness of the judgement on the part of the Judiciary Power.