Análise da compatibilidade da tutela antecipada antecedente ao rito dos Juizados Especiais da Fazenda Pública sob a perspectiva de Norberto Bobbio

Abstract

The present work analyzes the compatibility between the rite of prior early guardianship, provided for in the Civil Procedure ́s Code, and that of the Public ́s Treasury Special Courts, provisions of Law n° 12.153/09. To do so, in the foreground, it addresses the Fundamentals for creating each one. It deepens in the mission outlined, to understand the relationship between the rites, investigating the arguments used by the Minas Gerais’ Justice court at assigning competence for the processing and judgment of the guardianships in question to the Common Justice or to the Public ́s Treasury Special Courts. Such foundations are analyzed from Norberto Bobbio's perspective, with regard to his view of the legal system as a system and the need to solve the antinomies to maintain coherence between the standards. Withthis, the most controversial points on the subject in legal practice are linked to a hermeneutic optics, aiming at a solid contour of the ideal locus for the procedure of guardianship in antecedent character.