Restrições à concessão de tutelas provisórias e o direito social à saúde

Abstract

The present work of course completion has the general objective of analyzing the provisional tutelages in order to define the scope of application of the institute, contemplates for both the restrictions of its grant and the applied elasticity of the institute when dealing with social health demands. It should be noted that the CPC / 2015 period extended the ordinary hypotheses of granting provisional tutelages and discipline in an economic way subjective and objective differentiations of the application of the tutelages of summary cognition. This bibliographic review using the hypothetical-deductive method concluded by the restrictive application of the institute beyond the legal prohibitions, especially in relation to: the granting of evidence protection in an injunction; (Antecedent or incidental) protection that implies loss of the object when the guarantee is not used, unless the substantive law is very relevant (such as the social right to health), and even without the possibility of a Stabilization that is intended to coincide with the immutability of the provision; Finally, it was concluded that the application of the institute and the procedural principles must be differentiated in order to distinguish between the procedural subject who is the manager of the public interest and the relevance of the substantive law demanded. In this way, the study joins debates on specific procedural institutes, in order to contribute to overcoming the new dilemmas, in which lies the relevance of the same. KEYWORDS: Guardiansh