Made available in DSpace on 2016-04-26T20:23:20Z (GMT). No. of bitstreams: 1 Daniel Brajal Veiga.pdf: 1262151 bytes, checksum: fa521ba55f68d3e2856dcf09ded02d2a (MD5) Previous issue date: 2014-10-14 / The aim of this research is to analyze the legal institute called poder geral de cautela or, in an attempt to translate the term, the general power of injunction , which is provided in the article 798 of Brazilian Code of Civil Procedure. The reason for this research is due to the fact that, not very often, the general power of injunction is not fully understood according to all its constitutional aspects. The hypotheses analyzed refer to the use of the general power of injunction by the judges, as well as its enforcement over plausible and urgent legal interests. The method chosen to the present study consist of analysis and research of the legislation, the legal doctrine (national and international) and the Court s decisions. The conclusions obtained show that the general power of injunction does the function of a filling rule of the legal system, besides being an instrument inherent of the jurisdiction s use. Keywords: general power of injunction, writ of prevention; court action; precautionary action provisional remedy, preliminary injunction, filling rule of the legal system, jurisdiction / Este trabalho tem por objetivo a análise do instituto do chamado poder geral de cautela, previsto no artigo 798 do Código de Processo Civil. A justificativa deste estudo deve-se ao fato de que, nem sempre, o dever-poder geral de cautela é plenamente compreendido de acordo com todos os seus aspectos constitucionais. As hipóteses analisadas referem-se à utilização do dever-poder geral de cautela pelos juízes e à sua aplicação envolvendo interesses plausíveis e urgentes. O método utilizado para este estudo consistiu na análise e pesquisa da legislação, da doutrina (nacional e estrangeira) e da jurisprudência. As conclusões obtidas demonstram que o dever-poder geral de cautela desempenha a função de uma norma de fechamento do sistema, além de ser um instrumento ínsito ao exercício da jurisdição

The thesis discusses the limitations of courts during emergencies and the meaningfulness of the classification system of justice in critical infrastructure. Judicial power is in addition to legislative and executive branches in a classic triangle of state power. The scope of its activities is to introduce the first part. With an analysis of relevant laws to the reader's raised the breadth and importance to society. The text below is followed by a list of incidents that affect the limitations on the exercise of judicial power. They provide a list of departmental emergency preparedness plan and have added two new current threats. The last part of the introductory essay to speak of critical infrastructure, which includes the judiciary. The thesis aims to determine how the judicial administration immune to the impact of emergencies. Whether the system needs more investment in security measures applied so far as eliminating the effect of well-defined emergencies, and if justice is rightly placed in the framework of critical infrastructure. For the actual processing of the results is the methodology used in operational analysis. Specifically, it is the discipline of multi-criteria evaluation of alternatives. The method itself is appropriate for the assessment of phenomena, where the value of multiple criteria. The results are processed according to the principles of the WSA (weighted sum) and Fuller (comparison and scoring method). Naturally, there is comparison of the results of both disciplines. Examined measures designed to limit exposure incidents are classified into thematic blocks. The ranking of construction services, technology, internal structure and physical site security. Taking the first and third block is formed by means of passive protection and the second and fourth block is formed by means of active defense. It is interesting comparison between the blocks and those stand block. A summary of results and their own and departmental analysis of threats to judicial authorities indicate readiness for the events listed in the Plan of departmental emergency preparedness as an emergency.