A inconstitucionalidade da Suspensão de Liminar e Sentença

AUTOR(ES)
DATA DE PUBLICAÇÃO

2011

RESUMO

The object of the current dissertation is the microsystem of the suspension of injunctions and sentences. This procedure allows the President of the Court to suspend the effects of a judge´s decision. He can do so, if he decides that this decision violates the order, health, security or public budget, until passed into res judicata. The institute´s lack of definitions entails a wide discretion of the Court´s President. This allows for arbitrary decision making. Through a historical analysis of the Institute, in association with an analysis of the Constitution of Brazil, we can conclude that the Institute is based on a principle which is currently rejected by the modern doctrine and infringes the basic principles of democracy.

ASSUNTO(S)

processo civil

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