Supreme Federal Court
Keywords:
Habeas corpus, Interlocutory appeal, Preliminary injunction, FreedomAbstract
The Federal Supreme Court has consolidated its understanding that interlocutory appeals against single-judge decisions granting or denying preliminary injunctions in habeas corpus cases are inadmissible. This position, based on precedents dating back to the 1990s, sought to avoid successive appeals and preserve procedural speed. However, with Law 12.016/09, which allows appeals against preliminary decisions in writs of mandamus, part of the doctrine questions the maintenance of this prohibition in habeas corpus. It is argued that the reevaluation of the preliminary injunction request is essential to the protection of liberty, and that only appeals filed by the Attorney General's Office are inadmissible, as it is not a party to the petition.
Downloads
References
BRANCO, Tales Castelo. Teoria e prática dos recursos criminais. São Paulo: Saraiva, 2003.
GRINOVER, Ada Pellegrini; GOMES FILHO, Antonio Magalhães; FERNANDES, Antonio Scarance. Recursos no processo penal: teoria geral
dos recursos, recursos em espécie, ações de impugnação, reclamação aos tribunais. 4. ed. São Paulo: RT, 2005.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright of published articles belongs to the author, but with journal rights over the first publication and respecting the one-year exclusivity period. Authors may only use the same results in other publications by clearly indicating this journal as the medium of the original publication. If there is no such indication, it will be considered a situation of self-plagiarism.
Therefore, the reproduction, total or partial, of the articles published here is subject to the express mention of the origin of its publication in this journal, citing the volume and number of this publication. For legal purposes, the source of the original publication must be consigned, in addition to the DOI link for cross-reference (if any).
