AC Ora Guardianship

Posted May 11th, 2019 by Tony. Comments Off on AC Ora Guardianship.

We can affirm that the guardianship interim form part of the genus preventive custody and is intended to provide judicial protection to the subjective right or other interests recognized by the legal order as a legitimate, but that are not identified with the so-called subjective rights. Indeed, guardianship prudential seeks to protect not only subjective rights, but equally, and we could say until, preponderantly, protect claims of material law, actions, and exceptions, when their respective you titules claim that such interests, recognized and protected by the law, found under threat of irreparable harm. Research in law by early monograph AC Ora, to prevent the auto-tutela and to assume the monopoly of the production of the right, the State created an unavoidable cost, whatever, while the judge carries to receive and process the information provided by the parties and, consequently, to provide the jurisdictional tutelage. Necessary became, then, the creation of mechanisms suited to dominate the urgency through measures Provisional based on summary cognition, among them prudential them. (BEDAQUE, 1997) What justifies them, therefore, is urgent, solving situations that ordinary forms of guardianship are unable to dominate, owning, therefore, eminently residual character.

The idea is simple, if you were on the one hand, ignored the urgency, be – would, by times, make useless the guardianship to be delivered to the given part the corrosive effects of the time to the good of life to be mentored. On the other hand, if it was too much privileged that kind of guardianship, that given the urgency, compels the judge to form his conviction based on summary cognition, is poderia put at risk the safety of the procedural legal relationship, as also their informants principles, mainly the contradictory, doing a kind of parallel to the ordinary court justice. Thus, in spite of, theoretically, process knowledge and execution are sufficient for the exhaustion of judicial activities, since while the first defines the specific desire to act for the litigious situation and the second makes effective that WINS, time that intermediate the proposition of a lawsuit and the effective delivery of the jurisdictional tutelage can lead to loss of goods, people, evidence and legal relationships that are precisely the object of that guardianship.

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