A possibilidade da concessão da tutela provisória de ofício

Abstract

This paper addresses the issue of the granting of interim relief ex officio by the judge. The main objective is to analyze this possibility given the absence of legal provision conditioning the delivery of the measure to the explicit request of the party, and the absence of express regulation that directly allows the magistrate to act ex officio in this area. For this purpose, the systematic and teleological interpretation of the Brazilian legal system and the deductive method was used. Based on this logical process, it was possible to conclude that although the dispositive principle prevails not only for the filing of claims but also for incidental requirements, there are cases in which interim relief - specifically emergency relief - may be granted ex officio, based on the constitutional value of the right to complete and effective judicial review (art. 5, XXXV, CF/88).