OS EFEITOS DA CONCESSÃO DAS TUTELAS PROVISÓRIAS DE URGÊNCIA: e qual a responsabilidade civil do tutelado perante a reversibilidade da decisão concessiva

Abstract

This work addresses the effects of granting urgent provisional guardianships and the civil liability of the ward given the reversibility of the granting decision. Such an approach is necessary, since urgent provisional guardianships that grant a favorable decision to the applicant can be reversed and in this case, it will be essential to assess the civil liability of the guardian for the decision. The purpose of this study is to describe the civil liability of the author of an action, which he obtains provisionally, and, urgently, a decision grants him the rights that will be discussed during the process, and in the end he receives a sentence contrary to that decision. granting protection, which will no longer take effect. This purpose will be achieved through bibliographical review and jurisprudential research regarding the topic. The research showed that the guardian's responsibility for reversing the decision granting urgent provisional protection is a complex issue that depends on the individual circumstances of the case. The courts will assess whether there was procedural bad faith, whether the opposing party suffered damages due to the initial concession and whether the ward acted ethically and legally during the process. The reversal itself is not necessarily an indication of liability, but rather the ward's behavior throughout the legal process will be examined to determine possible civil liability.