• General 07.04.2020

    Some stand out that it would be incoherent to admit the anticipated guardianship against the Public Farm for the fact of the double degree necessary to not only be about plus a prerogative, but also because of the values that involve the reverse speed of the supposed demand. Still in the procedural scope, with the edition of already cited Law 9,494/97, which disciplines the concession of the guardianship in face of the Farm can affirm that the legal system started to admit the concession of the anticipated guardianship against the Public Farm, since the legal devices mentioned above had only started to restrict its application, where weighs the pointed obstacles above. In the practical one what we witness it is that the Public Farm using to advantage itself of the prerogative foreseen in article 475 has supported that the anticipation of the guardianship against itself is not possible, therefore the effectiveness of a provisions in this direction alone would occasion effect if the decision of the court below will be ratified by the eminently superior agency. Since already I want to externar my contrary position to this. Under this aspect I will cite the main favorable doutrinadores its concession. Being to first salutar to bring to the light meal the lesson of ours illustrious professor of Cssio Scarpinella Bueno 5: ' ' The rule of law only can lock up criterion of functional ability, in nothing inhibiting the concession of any measure against the Public Farm, under penalty, for the same reasons displayed throughout this work, of not being able to prevail for violating, in each in case that concrete, the ample access to justia.' ' Already for Luiz Guillermo Marinoni 6, the right that if applies to the particular one, also must be applied to the Public Farm, duly warned to authorize themselves, despite for it saw indirect, breaking to the rights of the citizen, as to follow consigned: ' ' (…) if the infraconstitutional legislator is obliged, on behalf of the constitucional law to the adjusted jurisdictional guardianship, to foresee guardianships that, acting internally in the procedure, allow to an effective and timely jurisdictional guardianship, it it cannot decide, in contradiction with the proper principle of the effectiveness, that the citizen only has right to the guardianship accomplishes and timely against the particular one.

    Posted by millionaire @ 6:02 pm for General |

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