Tutelas de urgência: um estudo comparativo dos institutos no CPC/2015 frente ao CPC/1973

Abstract

The present work proposes a reflection about the institute of emergency protection and its purpose in the Code of Civil Procedure of 2015 in comparison to the code that preceded it, since CPC/1973 had a book dedicated to the precautionary process, which remained deleted in the current law of rites. In this sense, the present research aimed to compare the procedures for urgent protection under the aegis of CPC/1973 and CPC/2015. A bibliometric research was carried out based on more recent works involving the theme available on digital media. For this, the following methodological procedures were adopted: documentary and bibliometric analysis, based on Cellard (2008) and Vanti (2002), respectively. In order to compare the data emerging from the analysis of the literature and the researched jurisprudence, a thematic content analysis was carried out according to Bardin (2011) with the adaptations proposed by Minayo (2013). Finally, this paper highlights how relevant are the innovations arising from the provisional tutelage present in CPC/2015 in view of the extinction of the precautionary process before the institutes available in the law in force. Among the results, it is worth highlighting the subclassifications reached by the urgent protection in the current order, offering the constituent greater possibilities of action in defense of their rights as well as the importance of the stabilization institute of the previous early protection.