O instituto da suspensão de decisão judicial contrária ao poder público: um instrumento de proteção do interesse público

Abstract

This work examines the most relevant aspects of judicial decision's suspension regime pronounced against public administration, especially the protection of public interest and the compatibility of its mechanism with the free access to justice's guaranty. The applied methodology was based on analysis of specific bibliography and documental study of some courts of appeals decisions . It is displayed historical and legislative evolution of writ of suspension in Brazil and pointed out some similar remedies in the foreign laws. The doctrine's controversy about its judicial nature is confronted, emerging the conclusion as a type of procedural incidental decision. In the face of the Brazilian Federal Constitution, the writ of suspension has its validity recognized on juridical order as a form of public interest s supremacy above private interests. It is examined yet the legal proceeding, the practical consequences and who will be bound, emphasizing the legal standing, jurisdiction, time limits, appeals, the civil responsibility and the judicial decision effects. Furthermore, it is discussed the merits of writ of suspension and the vague judicial concept's problem, mainly relative to public order, health, security and economy. At the end, the work shows that the writ of suspension, as an essential instrument of protection to public interests, is harmonized with the access to justice