Questão jurídica principal
Whether the cantonal court arbitrarily applied Art. 327 Cpcj by requiring urgency for provisional measures.
Decisão extraída
The Federal Court held that urgency is also required for provisional measures under Art. 327 Cpcj and that the cantonal court did not act arbitrarily in finding it lacking after six months of inaction.
Fundamentação extraída
Any provisional measure presupposes urgency in a case-specific sense. Delaying for months after knowledge of the alleged harm can indicate that immediate judicial intervention is not necessary and may amount to an abuse of rights.