Urgency protection in the brazilian civil process as a principle of processual celerity

Abstract

The Brazilian Judiciary Branch has always faced delays in terms of procedural progress. Article 5 of the Constitution of the Federative Republic of Brazil, which provides fundamental rights and guarantees, ensures that everyone in the judicial and administrative sphere will be assured due legal process and reasonable duration of the process. In the meantime, this research sought to verify whether the urgent relief, which is the procedural means used to anticipate or protect what is sought in the process, is a favorable and effective measure when sufficient elements are proven to show the probability of the right and the danger of damage or the risk to the useful result of the process, helping or not in the speed and in the legal process. To substantiate the effectiveness of the constitutional principle of procedural celerity, as well as whether the urgent relief procedure in the Brazilian civil procedure meets the appropriate time of concession to the party who claimed to present the procedural data that correlate the urgent relief actions and the granting of the benefit apart, based on data from the National Council of Justice (CNJ), as well as the effectiveness of the elements that indicate the probability of the right and the danger in the delay of Brazilian procedural demands. And having as a conclusion the teachings presented, with regard to the problem of this research, the urgent injunctions have been shown to be effective in guaranteeing the principle of reasonable duration of the process, speed of the process and due legal process.