Concessão liminar do divórcio em sede de tutela de evidência

Abstract

This work aims to analyze the possibility of granting divorce in the context of guardianship of evidence, through qualitative research and bibliographic analysis. It deals, therefore, with Constitutional Amendment No. 66 of 2010, which made divorce a mandatory right, and for its enactment it is only necessary to prove the existence of the marriage bond. In addition, it addresses the guardianship of evidence, a procedural instrument based on the judgment of probability, as well as on the fragile defense. This is a means to avoid delay in satisfying the material right demonstrated in the plan. It is thus concluded that, in order to ensure the constitutional and civil procedural principles, the divorce must be granted on the basis of the guardianship of evidence.