PROVISIONAL PROTECTION BASED ON BINDING PRECEDENTS

Abstract

The article will analyze the provisional tutelages in the new Brazilian Civil Procedure Code, with emphasis on the tutelages of evidence based on binding precedents. To this end, a new normative systematization of provisional guardianships will be presented. Next, the most relevant aspects about the binding force of judicial precedents will be exposed. In all cases, it will be presented the thought of consecrated specialists who have studied the subject. The institutes analyzed express advances of Brazilian civil procedural law and, in this work, both will be approached jointly, in the end, with the purpose of demonstrating the scope and procedural benefits deriving from this merger.

Keywords

• provisional protection
• tutelages of evidence
• new civil procedure code
• precedents
• binding force