Fungibilidade entre as tutelas de urgência

Abstract

Had to little effectiveness of the ordinary proceeding, the operators of the right had started to use themselves of writs of prevention with satisfativo objective for attainment of jurisdictional guardianship in reasonable time. This made with the Brazilian legislator, in 1994, created the institute of the guardianship anticipation, giving itself new writing to art. 273 and 461 of the Code of Civil Action. However, given the difficulty of if discerning which the urgent guardianship to be used in determined situations, in 2002, was introduced § 7º in art. 273, allowing fungibility it between anticipated guardianship and action for a provisional remedy guardianship. However, the new device does not assume the identity enters the urgency guardianships or deals with the possibility of all and any action for a provisional remedy guardianship to be required in the vice discovery process or turns. Thus, the application of the fungibility is only justified enters the urgency guardianships in the hypotheses where it will have doubt established and reasonable how much to its nature, if action for a provisional remedy or anticipatory.