cautelar

Cautelar is a legal term used in civil law, especially in Portuguese-speaking jurisdictions, referring to precautionary or provisional measures issued by a court to safeguard rights while a dispute is resolved. These measures are designed to prevent harm, preserve assets or evidence, or ensure the enforceability of a future judgment. They are typically temporary and tailored to the urgency of the situation.

The purpose of cautelares is to prevent irreparable damage or evasion of the eventual decision. Granting a cautelar usually requires two conditions: fumus boni iuris (apparent likelihood of a right) and periculum in mora (risk of harm from delay). The measures must be proportionate to the remedy sought and are intended to be reversible where possible, pending the merits of the case.

Types of cautelares vary by jurisdiction but commonly include possessory protections, seizures or arrests of assets to secure future satisfaction, and urgent protective orders in civil, commercial, or family law. They may be granted ex parte in urgent situations, with a subsequent hearing to confirm or modify the decision, and they typically become part of the case record and may be transformed or lifted as the dispute develops.

Effectively, a cautelar creates immediate safeguards to maintain the status quo or secure a remedy without prejudging the case’s outcome. Its use is governed by procedural rules to balance speed and fairness, and it is subject to review and possible modification or termination as new information emerges or the merits are addressed.