Suspensão de segurança

Abstract

This paper has for objective discussing the unconstitutionality of the institute of the Suspension of writ in order of writ of mandamus. The institute of suspension of writ is an instrument granted to the Government to suspend the effect of a cOurt ruling in which are found hipothesis envisaged in article 15 of Law No. 12,016/09, in cases of grave offense against order, health, safety and public economics. Initially, we will write a brief explanation about the suspension of writ, with emphasis on the historical notions, if it's enacted into positive law, legislative evolution, legal nature, legitimacy, appropriateness, deadline for filing, effectiveness and limits of the decision. In a second step, it ll tackle issues concerning to suspension of writ against violation of the principles of equality, adversarial, the legal provisions of the possibility of concurrent filing of application for suspension of writ and interlocutory appeal, as well as submitting a new application for suspension of writ. Likewise, the present study examines the foundations of the doctrinal trends that advocate the constitutionality of the institute, finally, it's discuss the conflicts between the constitutional principles of protecting individual rights against the principle of the Supremacy of public over private interests.