Constitution Law

In this exactly year, law 4,357 was edited, of 16.07.1964, whose art. 39 established: ' ' It will not be granted restraining order in mandamus, petitioned against the National Farm, in result of the application of the Lei&#039 gift; '. However, in the following year art. 51 of Law 4,862, of 29.11.1965, came to revoke this device legal. After an interval of considerable time without interference of the legislator and already in the constancy of the Constitution of 1988, was published the Provisional remedy n 118, of 05.12.1989, transformed into Law 7,969, of 1989, that it extended to the writs of prevention made use in the article 5 of Law 4.348/64. (16) In this bias, 5 of the article 1 of Law 8,437/92 hinders the concession of threshold to grant compensation of credits tributaries and previdencirios.

Already the article 2 of Law 8,437/92 only allows to the concession of threshold in the collective mandamus and the public civil action after the hearing of the judicial representative of the legal entity of right public, that will have to be pronounced in the stated period of 72 hours. would not be different in the cases of concession of the anticipated guardianship against the Public Farm. In accordance with the article 1 of the Law 9,494/97, ' ' it is applied the foreseen anticipated guardianship in arts. 273 and 461 of the Code of Civil action the made use one in arts. 5 and its paragraph only 7 of Law 4,348/64, in art. 1 and its 4 of Law 5,021/66, and in arts. 1, 3 and 4 of the Law 8.437/92' '. In them it does not remain doubt of that in the elaboration of this law, that disciplines the application of that guardianship against the Public Farm the intention of the legislator is to prevent that, ahead of the prohibition of threshold in mandamus, the interested party if uses of the preventive injection or the anticipated guardianship to get the similar result.