Coast Axe

To say that it does not have right to the antecipatria guardianship against the Public Farm in case of established damage distrust it is the same that to affirm that the right of the citizen can be injured when the Public Farm he is r.’ ‘ Alvim career 7 alleges that not to admit the anticipation of the guardianship, on account of the double obligator degree, in the causes against the Public Farm, would also compel the not admitiz one it, for the same reason, in the causes against the particular ones where it had received voluntary resource in the returnable and suspensive effect. More ahead, following the same reasoning, Alvim Career, with property tells: In some hypotheses, the guardianship order is directed to the proper preservation of the life human being, as in the not authorized transfusions of blood for familiar for religious reasons, or in the authorization for amputation of a member of a person, where, being indispensable the surgery, it if refuse of – there; in others, to the maintenance of the health of the interested party, as it occurred in the release of the blocked Cruzados, for ends of medical treatment or urgent operations e, in others, to the survival of the insured, as in the restoration of previdencirio benefit, given the alimentary character of the revenues. Of this ‘ ‘ lado’ ‘ , we still have the positioning of Antonio Claude of the Coast Axe 8, that it supports that the double degree of obligator jurisdiction for the sentences, contrary to the public interest is not barrier to the emission of interlocutory judgements against the State, but only one guarantee of that, having a favorable sentence it, this necessarily will be reapreciada by a court. It still supports, Humberto Theodoro 9 Jniors that, given to the existing difference between anticipated guardianship and the writ of prevention, one has understood that the particular one, observed the requirements of article 273, the CPC, it has right to get, provisorily, the effect that would only happen of the final judgement of merit, exactly in face of the Public Farm, having the exception of Nelson Nery of that it cannot have breaking to the writing of article 100, of the Federal Constitution.