Cognição no processo civil: análise de tutelas provisórias

Abstract

The present work was elaborated with the objective of studying how the doctrine perceives the analysis undertaken by the judiciary regarding requests for provisional guardianship. From the wording of the Code of Civil Procedure, we sought to verify which process was undertaken by the judge in the analysis of provisional guardianships, that is, which process of judicial cognition is specifically used, as well as which guidelines were established by the legislator, considering the limits and criteria that are granted to the magistrate to decide on concrete cases, in view of the instrumentality of the process, that is, that the process is a means used to obtain an end, not an end in itself. The studies allowed us to conclude that the process of summary cognition used by the magistrate must consider the legal security of the citizen who seeks to obtain a provisional guardianship, considering, whenever possible, the attainment of judicial effectiveness.