Carta Forense In search of a regime that can possibly be as uniform as the temporary reliefs , the  2015 CPC set forth a rule for jurisdiction which is similar to the one established in article 800 of the 1973 CPC, but with differences and, eventually, some remarkable developments. Firstly, the head of article 299 [...]

Carta Forense After having approached the subject of the interlocutory relief (based on urgency), but filed on a preceding basis (articles 303/304), the next step is to analyze the topic related to the temporary provisional injunction, pleaded on that same basis (article 305 and following articles). Granting a provisional injunction as a measure filed on [...]

Carta Forense In the previous paper, the focus was on the interlocutory relief based on urgency and filed on a preceding basis, which is set forth in article 303 of the new law. However, the analysis of this issue must be finalized because, according to the rule set forth in the head of article 304, the [...]

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Carta Forense In the previous work, starting with the topic of jurisdiction (article 299), we pointed out that it is connected to another aspect of the general discipline of the temporary relief: that it be demanded on a preceding or incidental basis (article 294). This then led to the loss of autonomy of the [...]

Sorry, this entry is only available in Brazilian Portuguese.

Carta Forense In the previous article, I proposed a brief examination of the temporary relief discipline within the Code of Civil Procedure (CPC) of 2015. I noticed that it can be based on either urgency or evidence (article 294). As to the urgent relief, it continues to be unfolded into  provisional and interlocutory relief. [...]

Revista Análise da Advocacia 500 – published by Análise Editorial – annually presents the most admired Law Firms and Lawyers of Brazil, in several areas of Law, according to the opinion of the legal directors of the largest companies in the country. In the 2015 edition, Yarshell e Camargo Advogados, as in the previous years, [...]

Carta Forense Following my analysis of the motives of the decision that grants the temporary relief, this article, I remind the readers, should be examined in connection with the one that precedes it, in which the fundamentals that authorize this type of relief were examined. The legal rules of the motive of judicial decisions [...]

Carta Forense Still on the topic of the temporary relief within the CPC 2015, after having addressed three aspects of the common system of this relief – timely scope of the respective effectiveness (article 296), the atypical nature of the measures intended to enable it (article 297), and the form of effectiveness (article 297, [...]