The The reservation order and the possible violation of fundamental rights to access to justice and the contradictory

Abstract

This article aims to analyze the “reservation order” and its violation of the fundamental rights to access to justice and the contradictory. For this purpose, the “reservation order” and the general aspects of provisional relief will be sought, in order to clarify the procedural moment in which the referred judicial act occurs. After that, the legal nature of the judicial act in question and its appeal will be investigated, confronting the positions of the Superior Court of Justice (STJ) and the Court of Justice of the State of Pará (TJ-PA) on the subject. The bibliographic referential methodology was adopted in the research, using books, articles and works that deal with the subject studied here, Brazilian legislation, as well as the jurisprudence of the Superior Court of Justice and the Court of Justice of Pará.