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.