CONTRADITÓRIO X URGÊNCIA: as tutelas provisórias de urgência nos procedimentos cíveis.

Abstract

This article aims to deal with the provisional reliefs of urgency, as they do not have the presence of an adversary, which makes a "fair" decision impossible, since the decision rendered "unaudited altera pars" has grounds that were not exposed to the opposing party, which did not have the opportunity of school in the decision, as well as possible misunderstanding of the magistrate. It is important to emphasize that the contradictory, despite being mitigated by article 9 of the Code of Civil Procedure, must be respected, in order to avoid surprise decisions. On the other hand, this article deals with the concept of urgent injunctions, as well as their essential requirements, which cannot be lacking under any circumstances when granting the urgent injunction. In this context, the present work is specialized, through the analysis of scientific articles, legal and jurisprudential texts, to examine a possibility of having the adversary system before the granting of emergency measures, since its granting, eventually, would harm the adverse party, in case there is no stabilization or there is a revocation of the provisional protection, as a result of the postponement of the adversarial principle.