A APLICABILIDADE DA TUTELA DE URGÊNCIA NA VIA ARBITRAL DIANTE DA PERSPECTIVA JURISDICIONAL ESTATAL

Abstract

In view of the recognition of the presence of problems associated with the procedural temporal course and its impact on the enforcement of the law, it is appropriate to use legal mechanisms, such as emergency relief, whose purpose is to ensure the usefulness of future and definitive jurisdictional action or even the very anticipation of the life of the guardian. In short, this provision has its most common application through state litigation, however, due to the need to fight damages resulting from time, there is a growing incorporation of the use of Urgent Guardianship in arbitration. In this sense, this work is configured as a means to promote knowledge about the use of emergency relief in arbitration, with the main objective of the research being to verify through national arbitration jurisprudence, the process of using emergency measures before and during the establishment of the procedure. To achieve this goal, a qualitative methodology, bibliographical research, was used, which allowed us to conclude that the use of emergency measures in arbitration constitutes a real practice and regulated by law both in the antecedent perspective and in the perspective incidental, in which its applicability is distinguished due to the moment in which the measure is intended.