Reversibilidade da tutela antecipada de urgência

Abstract

This paper addresses the issue of reversibility of the anticipated tutelage of urgency, as a norm of protection for those who are the target of a court order. The objective is to analyze the logic and effectiveness of the reversibility rule imposed by art. 300, §3, of the Civil Procedure Code, having as a counterpoint the very reason for being of the instrument of the anticipated tutelage of urgency. For this, it was used the literature review and the deductive method. Analyzing the doctrinal lessons, it was possible to deduce that, in practice, there is a real collision between rights. This is because there are situations in which the rejection of the anticipated tutelage of urgency, due to the prohibition of irreversibility, may cause the perishing of the right that is intended to be protected by the postulant party. So that the expected principle of the effectiveness of the process is not harmed, the decision must use the principle of proportionality in order to assess the right of greatest value to be assessed: that of the one requesting anticipated tutelage of urgency or that of the opposing party. It is concluded that the reversibility examination needs to be carried out taking as a parameter the peculiarities of each case, and that it’s withdrawal may occur precisely to guarantee the scope of the anticipated tutelage of urgency, which is the protection of a right that is under imminent threat.