Urgency provisional relief and its applicability in Brazilian civil procedure

Abstract

This paper investigates emergency provisional relief (or interim measures of urgency) within Brazilian civil procedure, analyzing its functionality and applicability as an essential instrument for safeguarding rights and mitigating the risk of harm. In the context of seeking jurisdictional effectiveness, the research delves into the requirements for granting such relief, such as the probability of the right and the danger of damage, as established by the 2015 Civil Procedure Code and by the doctrine of authors like Fredie Didier Jr. and Cássio Scarpinella Bueno. The methodology employed was a bibliographic review and the analysis of relevant judicial understandings, illustrating the practical application of the relief in varied scenarios. The research demonstrates that emergency provisional relief is essential to ensure hat procedural delays do not make the protection of rights unfeasible, reinforcing confidence in the Judiciary's capacity to provide timely responses.