Batista aplicação de ofício dos efeitos da antecipação da tutela de mérito como instrumento de eficácia da prestação jurisdicional

Abstract

The institute's procedural injunction was entered by the national laws and laws No. 8.952/1994 10.444/2002. One of the requirements established by Art. 273 of the CPC, for grant of anticipating the effects of protection, is the application of an interested party, being considered, in view of better doctrine, an obstacle in the effectiveness of adjudication, as the mere absence of an express request of the obstacle is not the magistrate to grant the injunction, provided that these other legal requirements for granting it. The constitutional principles are the foundation for the judge departs from the guidance office anticipatory, serving as an antidote to procedural ineffectiveness. Therefore, it is the following question: Can the national laws implementing the injunction of office? Aware that the lengthy reign in the judiciary, the legislature issued several laws that would allow the granting of the injunction of office, namely: the law n º 9.099/95 (special courts civil state), No. 10.259/01 (special courts federal civil) , No. 12.153/09 (special courts of the Exchequer), No. 8.078/90 (consumer code), among others. In the present study we aimed to examine the possibility of granting the injunction of office as a means of effective judicial protection and to develop a study of the laws under the Constitution to support the application of procedural instrument that letter. To carry out this work, it used to, among others, methods of approach and the literature in order to analyze the injunction since its genesis, making a comparison between this and the constitutional principles and need for such research in books andarticles published on the Internet. For these reasons, understand the doctrine and jurisprudence country that is perfectly possible to apply the injunction to craft the Brazilian legal system.