This Course Conclusion Paper aims to address the foundations of evaluative
formalism as a theory of civil procedural law and analyze the conformation of the
inaudita altera pars provisional tutelage of urgency, in the Brazilian Civil Procedure
Code of 2015, to the foundations of that theory which is considered as the current
methodological phase of the Brazilian procedural system. The evaluative formalism is
based on the view of civil procedural law from a constitutional perspective, formed by
dialogue and argumentation, and presents as the most important principles the
cooperation of procedural agents, the effective contradictory and the motivation of
judicial decisions. The inaudita altera pars provisional tutelage of urgency is founded
on summary cognition and is granted without the prior participation of the defendant.
The research, carried out by the bibliographic method, seeks to analyze whether this
institute is in accordance with the bases of the addressed procedural theory,
especially in relation to the principles of contradictory and motivation, and concludes
by the conformity of this institute with evaluative formalism.
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