Fungibilidade entre as tutelas de urgência: cautelar e antecipada (reflexão sobre o parágrafo 7º, do artigo 273, do código de processo civil)

Raquel Carolina Palegari Saraiva

doi:10.5433/2178-8189.2008v12n0p55

Fungibility (inter-changeability) between urgency protective measures: provisional and anticipated (reflection on paragraph 7th of article number 273 of the code of civil procedures)

Authors

Raquel Carolina Palegari Saraiva Universidade Estadual de Londrina

DOI:

https://doi.org/10.5433/2178-8189.2008v12n0p55

Keywords:

Urgency protective measures, provisional and anticipated protective measures, effectiveness of the process, fungibility of urgency protective measures

Abstract

This article studies the urgency protective measures, provisional protective measure in article 798 and following articles; and the anticipated protective measure in article 273, I, all from the Code of Civil Procedures; both protective measures have the preventive purpose of removing the risk of damage. Such preventive measures have their own characteristics. The detailed study of such protective measures enables a better characterization of their identity, as well as the identification of their differences. It was observed that there is certain confusion in their application in specific cases. So Fungibility was created in article number 273, paragraph number 7, in order to assist legal staff concerning urgency protective measures, for an appropriate application in the civil procedural system.

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Author Biography

Raquel Carolina Palegari Saraiva, Universidade Estadual de Londrina

Mestre em Direito Negocial com ênfase em Processo Civil pela Universidade Estadual de Londrina/PR. Professora da Universidade Estadual de Londrina/PR. Advogada militante na cidade de Londrina/PR.

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Published

2008-12-15

How to Cite

Saraiva, R. C. P. (2008). Fungibility (inter-changeability) between urgency protective measures: provisional and anticipated (reflection on paragraph 7th of article number 273 of the code of civil procedures). Scientia Iuris, 12, 55–70. https://doi.org/10.5433/2178-8189.2008v12n0p55

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Issue

Vol. 12 (2008)

Section

Artigos

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