Special appeal against security suspension and other suspension incidents

Abstract

This study analyses the possibility of judicial appeal aganist security suspension and other suspension incidents, especially the applicability of a special appeal against a trial issued in a Court of Justice or a Federal Regional Court. Considered the legal rules given on the topic, and doctrinal teachings, the thesis accepted in the jurisprudence of the Superior Court of Justice was dismissed, and the appropriateness of the special appeal was maintained. The essence of the institute points to the jurisdictional character, which places the suspension incident in the word “lawsuit” of the article 105, item III of the Federal Constitution, which regulates the competence of the Superior Court of Justice to judge the special appeal. These conclusions  contribute to the understanding of the case-law shift launched by the 1st Panel of the Supreme Federal Court at the trial of the grievance in Extraordinary Appeal 798.740/DF, in which it was decided, obiter dictum, for the suitability, in theory, of special appeal in the hypothesis object of this study.