The preliminary injunction as a procedural technique able to harmonize procedural constitutional values
the access to justice and the stabilization of the preliminary injunction
DOI:
https://doi.org/10.29293/rdfg.v6i02.268Keywords:
Judicial cognition. Anticipated preliminary injunction. Procedural summarization. Effectiveness of the jurisdictional provision. Constitutional procedures.Abstract
The present article analyzes the preliminary injunction technique, especially of the anticipated sort, as a procedural instrument capable of harmonizing constitutional procedural principles that, due to the Due Process of Law, seek the effectiveness of the jurisdictional provision in order to protect the claim of those who seek the democratic state protection in its form, content and utility. Based on the need to conform the study of procedural institutes to constitutional values, relevant aspects regarding the preliminaryprovision regime are addressed, from the granting of the injunctive relief sought by the party (by means of a decision based on a judgement of summary cognition and, therefore, initially precarious and unstable) to the stabilization of this provisional decision in a still non-exhaustive cognition, but capable to become immutable and indisputable, although not definitive.
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Copyright (c) 2019 Bernardo Penna, William Ricardo Grilli Gama
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