Translatio iudicii: análise sobre a conservação de decisão liminar proferida por tribunal absolutamente incompetente

• Autor(a) principal: Deodato, Luiza Neves
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5725
• topic: Juizado Especial; Tutela provisória; Translatio iudicii; Medicamentos; Recurso

The main objective of this study is to analyze the possibility of preserving the effects of the injunction rendered by an absolutely incompetent court until the appeal is received by the Federal Special Courts and the Special Treasury Courts, according to the translatio iudicii rule and before the controversy regarding the admissibility of the appeal against a decision rejecting interim relief under those judgments. In view of this, the research was classified at the exploratory level, having the method of approach qualitative nature, using the bibliographic and documentary procedure as the predominant source of data collection, among doctrines, academic papers, legislation, regiments and decisions of the Colegiate Court. Through this essay it was found that there is extensive interpretation by the doctrine and the Appellant Courts regarding articles 5th of Law n. 10.259/2001 and 4th of Law n. 12.153/2009, admitting an appeal against the decision that defends and rejects the urgent tutelage under the Federal Special Courts and the Special Treasury Courts, as well as literal interpretation, admitting appeal only from the decision that provides for provisional protection. In addition, the translatio iudicii rule was overturned by the 2015 Code of Civil Procedure, article 64, §4th, stating that, unless otherwise ordered, decisions rendered by an incompetent court will continue to be effective until further decision by the competent court. It was concluded that, in the absence of express revocation, translatio iudicii imposes the retention of the preliminary ruling issued by the absolutely incompetent Court, which will continue to have substantial and procedural effects after the jurisdiction has declined and until the corresponding Appeal Chamber has received the appeal, regardless of upholding the admissibility or inadmissibility of the action. Accordingly, the obligation to provide public authorities with medicinal products to the private plaintiff will remain as long as the Appellant Courts do not provide otherwise.