Competência para julgar mandado de segurança impetrado em face de ato de turma recursal

Abstract

This study aims to discuss the competence to deem the writ of mandamus against the act of Class of Appeal of the Special Civil and Special Criminal Courts, as well as against its members, Judges at first instance of jurisdiction. The growing demand by the Special Courts system, which, among others, is ruled by the principles of orality, simplicity and informality, has caused its greater visibility, showing that some points are still in need of regulation to become a more effective jurisdictional service. The topic raised here is one that suffers from a legislative omission, as it complicates the use by the person who needs the remedy guaranteed to him by the Constitution of 1988. Considering this, one will do, initially, an approach of this action on basically the historical evolution, the power to its trial and the procedure laid down in Law No. 12.016/2009. After, the aspects of State, Federal and National Treasury Special Courts that relate to the subject in focus will be analyzed, with particular attention to Classes of Appeal. In the opportunity, one will study the Class of Appeal of the State of Ceará to exemplify its organization and its skills. Then it will be analyzed the central object of this work, by studying the (in)competence of Supreme Court, State Court of Appeal or Federal Court of Appeal and Classes of Appeal. It will be analyzed aspects that reinforce the need for legal regulation in order to finish the legislative omission which is harmful to people.