A tutela cautelar na ação de improbidade administrativa

Abstract

The research is dedicated to the theme of equitable relief predicted in the Administrative Misconduct Law, with an emphasis on jurisprudential understanding of the Superior Court of Justice. Therefore, initially is discussed the germ of collective protection and collective protection in the Brazilian legal system, to analyze the characterization of the Administrative Misconduct Law as a standard member of the microsystem of collective protection, which gives to the Law the status of integrated application standard to other legislations in order to the better protect the community. Examines also the judicial protection in the legal system, focusing on the protection of provisional guardianship in the Civil Procedure Code of 2015, namely, the equitable relief, the anticipated legal guardianship and the evidence legal guardianship. It is described later, the prediction of equitable relief provided in the Administrative Misconduct Law, examining them under the focus of the predictions of the new Civil Procedure Code. Finally, it presents the current position of the Superior Court for the equitable relief provided for in the Administrative Misconduct Act and discusses this interpretation given to measures in the light of the provisions of the Civil Procedure Code, the microsystem of collective protection and in the Constitution of the Republic of 1988.