Tutela antecipada no processo do trabalho.

Abstract

This study aims to examine the anticipation of guardianship in the labor process as an appropriate solution to delay the satisfaction of the right election, based on clear evidence that never injured the philosophy of legal certainty. The research is the result of literature review, trying to identify the cohesion of ideas, comparing the lengthy procedure of the ordinary rite with the speed anticipation of more effective supervision and that is the expectation of the citizens. In this context, it analyzes the importance of early supervision as a way to advance the effectiveness of sentencing, especially in the labor process, allowing the author to enjoy the practical result that he seeks to obtain in court through the final authority, satisfying his right lens on provisional status. It is observed that the failure of Judiciary in meeting right on time, causing uncertainty for those who need it so that its demands are resolved. Announced that the role of the State is resolve adequately the conflict by promoting legal certainty and preventing the flying public is entitled to employ unwanted impulses towards the particularly solution with the use of personnel force, promoting and causing social imbalance. It makes distinction between institutes. It presents the anticipation of guardianship as a way relevant to minimize delay between the application and final satisfaction. Historically, it explains that this measure of urgency comes from Roman law. It believes that its partial cognition does not affect the legal certainty and legal security or weakens. It concludes recommended the use of the institute researched him as a means to resolve the deficiency of the State to grant quickly the right to those who really have, based on clear evidence, promoting social justice and balance.