O IMPACTO DA TUTELA PROVISÓRIA ANTECIPADA NO PROCESSO CIVIL EM CASOS DE FRAUDE: EFETIVIDADE E RISCOS

Abstract

This study analyzes the impacts of granting provisional anticipatory relief within Brazilian civil procedure, with a focus on lawsuits involving the crime of fraud (estelionato). In a society where time is a highly valuable asset, the need for swift judicial responses becomes increasingly urgent, especially in fraud- worsen due to procedural delays. Antecipatory relief emerges as an important tool to ensure judicial effectiveness, allowing preliminary decisions that aim to protect rights before a final ruling.However, this procedural speed comes with significant risks. Granting relief based on summary cognition may compromise fundamental principles such as the adversarial process, the right to a full defense, and legal certainty. According to Article 304 of the Brazilian Code of Civil Procedure, such relief may become stable if the opposing party fails to appeal, although this stabilization does not amount to res judicata, since the law allows either party to request a review within two years.Based on bibliographic review and case law analysis, this study evaluates both the benefits and the potential dangers of anticipatory relief in the context of fraud, such as scams involving vehicle financing. It concludes that, while essential for victim protection, this measure requires careful application by the judiciary, which must balance the urgency of relief with the preservation of fundamental rights thus ensuring a form of justice that is both swift and substantively fair.