The Jurisdictional

Thus, in spite of, theoretically, execution and knowledge process is sufficient for the exhaustion of the jurisdictional activity, since, while first it defines the concrete desire of the law for the litigious situation and the second it makes that desire effective, the time that intermediate the proposal of a demand and the effective delivery of the jurisdictional trusteeship can take to the loss of goods, legal people, tests and relations that they are exactly the object of that trusteeship. (ALVIM, 1995) In this way the unique form to avoid that the trusteeship to be gives is merely paliativa and noneffective, that is to say, that happens that loss based on the time is that the precautionary process, characterized arises, in spite of not uniformly, like a tertium genus, whose function he is mainly instrumental, constituting itself, thus in an alternative route the ordinariedad and efficient half conceived to assure the accomplishment rights. During long time, two were the ways through which the doctrine saw the precautionary one: (i) jurisdictional protection of the appearance, possible trusteeship of straight subjective against a damage risk; and (II) the action for a provisional remedy is not a right of the part but as the State (created to preserve the jurisdictional function) the main process serves the trusteeship of the right and the precautionary one serves the trusteeship as the process. (ALVIM, 1995) The precautionary trusteeship, besides outstanding instrumentality arrives (and here it resides as we see, for many his distinguishing character with the anticipated trusteeship), owns other characteristics, of where we can emphasize: the provisional nature, the revogabilidad and the technical autonomy in relation to the too many processes. In addition, it owns two specific requirements for his concession, which are, potential damage that can come to undergo by virtue of decurso of the time the object of the main process to being protected (the call periculum in lives) and the plausibilidad of the substantial right claimed by the part that requests the concession of the trusteeship (fumus boni iuris). Original author and source of the article.

The Being

The courage recognizes, in the abyss of the astonishment. The space of the being I only interview, from whose illumination each being first returns what he is capable to be. But the being is not product of the thought for the being. The accurate thought if arrests solely calculates to it of the being and to this it serves exclusively. The result of the calculation with the being valley as enumervel. The calculating thought exactly submits to the order of everything to dominate from the logic of its thought procedure. Let us call basic thought that one whose thoughts not only calculate, but are determined by the other of the being.

This thought answers appeals to it the being while the man delivers its historial essence to the simplicity of the only necessity that not violent while it submits, but that creates the robbing where if designs in the freedom of the sacrifice. The sacrifice is dismissed of all violence because it is the waste of the essence of the man? what emanates of the abyss of the freedom? for the defense of the truth of the being the being. The originary thought is the echo of the favor of the being for which if it illuminates and it can be appropriate the only event: that he is being is. This echo is the reply human being to the word of the quiet voice of the being. The reply of the thought it is the origin of the word human being: word that first makes to appear the language as manifestation of the word in the words. The sacrifice can, without a doubt, be prepared served for acting and to produce in the sphere of the being, but never it can be for carried through it. Also the essential thought is one to act? protecting -there to be restored for the defense of the dignity of the being.