THE CIVIL PROCEDURE CODE AND ITS INNOVATIONS ABOUT PROVISIONAL GUARDIANSHIPS: A COMPARISON TO THE OLD CIVIL PROCEDURE CODE OF 1973

Abstract

This article deals with provisional tutelages and their changes with the entry into force of the New Code of Civil Procedure of 2015, in order to demonstrate how it was applied in the revoked Civil Procedure Code of 1973. In this sense, the general objective sought to analyze the innovations of the New Code of Civil Procedure in Provisional Guardianships. And as specific objectives: to analyze the importance of provisional tutelages; describe the characteristics of provisional guardianships; and explain the species of provisional protection and in which situations are applicable. It is a bibliographical and field research, with theoretical basis in the authors Menna, (2019), Theodoro Júnior (2015), Neves (2017). Field survey data were collected through a questionnaire with open questions, based on the dialectical method and the qualitative approach, carried out with three jurists. As a result, it was verified that there were significant changes in the provisional guardianship institute, as well as an improvement in its application.