Applicability of the Inhibitory Tutelage in Homeland Civil Procedure System

Antônio Pereira Gaio Júnior
Rodrigo Lessa Vilas Bôas

ABSTRACT

Through the principle of the constitutional right of action, inserted in the Federal Constitution in its article. 5th, XXXV, presented the authorization, above all constitutional of a preventive tutelage able to supply the desires of jurisdiction by a procedure more fair and effective. Thus, came the inhibitory tutelage, viewed from the distinction between illegal and damage, it is able to perform a tutelage against the illicit, able to inhibit the practice, repetition or continuation of an illicit, demonstrating its nature essentially preventive. The possibility of achieving the inhibitory tutelage in pure form - before the completion of illicit - it shows possible by the use of legal commands referred in art. 461 of the CPC and the 84 CDC, which requires, in most cases, your getting in advance, considering that the inhibitory tutelage is a tutelage oriented to the future. Thus, there is no doubt of the applicability and effectiveness of the inhibitory tutelage in patriotic legal system.


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