Do pedido de suspensão de liminar

• Autor(a) principal: Andrade, Luana Silveira de
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/27724
• topic: Medidas liminares; Decisão (Direito); Processo civil

The present study aims to approach the most relevant and controversial aspects that relate to the request of suspension, focusing on preliminary decisions, but, obviously, without excluding the appreciation of final decisions. Showing a strong relation with the writ of mandamus, the institute was created by the Law no 191, from 1936, and it constitutes a mechanism that public authorities are able to use when aiming to obtain the suspension of the effects of decisions that represent severe risk of damage to public health, security, order and economy. Therefore, it symbolizes an authentic mechanism of supremacy of the public interest. At a first moment, its regulatory evolution in Brazil will be outlined, dating back to its origins and approaching the way that it is regulated nowadays. Continuous act, the various doctrinal and jurisprudential positions about the legal nature of the request of suspension, as well as some points related to its merit, like the necessary requirements for its interposition and the assumptions that authorize the measure, will be explored. Finally, the analysis of some procedural aspects of the request, like the legitimacy of the actors, the duration of its effects and its procedure, will be made.