Recurso ordinário constitucional em mandado de segurança

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The aim of our research is to investigate methodically the Constitutional Ordinary Appeal filed against a lower court decision over a writ of mandamus. This is an appeal as of right guaranteed by Brazilian Federal Constitution of 1988 and it is addressed to Supreme Federal Court or to Supreme Court of Justice. This study will focus on three approaching views of this important appealling instrument: a) the legal institutional analysis, which has been the object of various researches and studies, in order to identify the utility and viability of maintaining this appeal in the constitutional system; b) the relationship between the studied appeal and other constitutional petition of review, in order to expose their differences and the particular functions of the former; c) the way it has been carried by Brazilian legislation, including issues concerning the general theory of civil procedure, principles of judicial review, effects, the admissibility of the appeal, issues of fact and legal arguments etc. The ordinary constitutional appeal filed in a writ of mandamus is an instrument to strengthen the guarantees of the so called Constitutional Jurisdiction of Liberties, that includes among others the writ of mandamus, an equitable remedy for injunctive relief. The appeal over writ of mandamus to a high court against middle court verdict is a typical Brazilian appeal, with no similarity in comparative law. That is the reason why this study will also focus on the historical origins of Brazilian law, from its very foundation to current legislative outline in positive law. Once the concept has been settled in constitutional level, we studied the consequences at statute level, emphasizing the scientific and practical issues. Statutes, doctrine and judicial precedents are important elements to any legal research and they were fully considered in order to set the final arguments. The reached conclusion was in some respect surprisingly, whether in institutional level breaking unjustified prejudice or in technical level bringing up mistakes that affect the use of the appeal

ASSUNTO(S)

mandado de seguranca -- brasil constitutional ordinary appeal recurso ordinário constitucional recursos (direito) -- brasil direito brasil -- direito constitucional

ACESSO AO ARTIGO

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