O limite cognitivo do agravo de instrumento de decisões antecipatórias de tutela

Abstract

This paper aims at analysing the peculiarities in the processing of the interlocutory appeal when trying the anticipated injunction. To do so, will be addressed, initially, brief notes on the species of judicial pronouncements, focusing on the interlocutory decisions, analysing its characteristics and styles. Next will be analysed the institute of the anticipated injunction, from its constitutional foundation, to its attributes and legal requirements for its grant. It will investigate in detail each legal requirement, as well as their singularities. Finally, will be presented the unfoldings of those specificities when subjected to the appeal system, with a focus on cognitive range, being suggested, solutions and outlets for the judge, with purpose to hinder procedural flaws that harm the parties in dispute. The methodology adopted in this study was based, essentially, on bibliographical, documentary and legislative research.