| dc.description.abstract | The tutelages based on urgency (Tutelage Anticipation and Precautionary
Measures) and on evidence (Tutelage Anticipation) are indispensable institutes in the law field. Nowadays, they are regulated in the bill no. 5.869/73. However, there’s a upcoming bill, no. 8.046/10, that was initially wrote by the congressman of “Senado Federal” and, currently, has been approved by the congressman of “Câmara dos Deputados”, that brings considerable modifications related to the referred tutelages based on urgency and evidence, but many are confusing and negative and need to be reexamined. Considering that, it’s necessary to check these modifications, as well as analyze them critically and, also, talk about the possible implications of these modifications to civil process. So, this monograph seeks to expose the current characteristics of the institutes of Tutelage Anticipation and Precautionary Measures in the present bill and compare it, using known authors, to reach a conclusion. To do so, it will be used the method of deductive approach, because it’s going to begin with the tutelages based on urgency (Book III e article 273, I, CPC) and evidence (article 273, II and paragraph 6th, CPC) in an large sense and, particularly, make an analysis of the upcoming bill no. 8.046/10. About the procedure method, it will be used the comparative, because it’s going to be done a comparative between the bills, objecting a critical analysis and its possible implications to the law field. It can be concluded that it’s a new topic, and as so, it should be analyzed critically. | |
