A diferenciação da tutela de urgência no novo Código de Processo Civil

Abstract

The New Code of Civil Procedure has brought substantial changes to the judicial process, promising a faster process. In this context, the purpose of this study is to study the Guardianship of Urgency and to draw a comparison between the Code of Civil Procedure revoked (Law 5.869 / 73) and the Code of Civil Procedure in force (Law 13,105 / 2015), with the purpose of identifying the innovations and especially the existing differences between its species: Guardianship and Precautionary Guardianship. As problematic, the paper proposes to analyze how much the new legislation has innovated or has remained with regard to the urgency tutelas, already foreseen in the revoked CPC. For that, the deductive method was used, starting from the general analysis of the institute, to better understand the specific points in the new Code of Civil Procedure, through subsidies collected in the legislation and specialized doctrine. Thus, the work covered from the concepts and requirements of the Provisional Guardianship to the significant changes made in the new procedural law, with a view to answering whether the changes promoted actually represented progress in relation to the revoked Code of Civil Procedure.