Post by account_disabled on Mar 10, 2024 4:48:07 GMT -5
It is not possible to appeal against previous decisions in an action for compensation for moral damages through a Complaint. Based on this, Minister Ellen Gracie denied proceeding with a complaint filed by the family of the former President of the Republic, João Goulart. For the minister, "the narrow path of the complaint (article , I, paragraph L of the Federal Constitution) presupposes the occurrence of usurpation of the STF's original jurisdiction, disobedience to the binding precedent or non-compliance with the decision of this Court".
The family members filed an action for compensation for moral, material and image damages against the United States. According to them, that country contributed decisively to the military coup, providing financial, logistical and military support. The coup deposed the then President of the Republic, João Goulart.
They also maintain that the participation of the foreign Austria Phone Numbers List State was confirmed in a book by the former US ambassador to Brazil, Lincoln Gordon, which led to the persecution of the authors by Brazilian military personnel, causing “suffering from constant threats of death, bombs, kidnapping and complete financial ruin.”
The complaint contests the decision of the Superior Court of Justice, which denied the request for granting suspensive effect in the Rescission Action, which had the purpose of nullifying the understanding established in the Ordinary Appeal filed in that court.
The STJ, when deciding the appeal, granted it to continue the initially proposed process. However, it recognized the immunity of the USA in relation to Brazilian jurisdiction and determined that the foreign State be summoned to express its opinion on the possibility of waiving its immunity.
In the application, the family claimed that the STJ's decision "imposed a waiver of the jurisdiction and absolute competence of the Brazilian courts". Noting that there were no such occurrences, Minister Ellen Gracie denied proceeding with the complaint. Therefore, the request for injunctive relief was prejudiced. With information from the STF Press Office.
The family members filed an action for compensation for moral, material and image damages against the United States. According to them, that country contributed decisively to the military coup, providing financial, logistical and military support. The coup deposed the then President of the Republic, João Goulart.
They also maintain that the participation of the foreign Austria Phone Numbers List State was confirmed in a book by the former US ambassador to Brazil, Lincoln Gordon, which led to the persecution of the authors by Brazilian military personnel, causing “suffering from constant threats of death, bombs, kidnapping and complete financial ruin.”
The complaint contests the decision of the Superior Court of Justice, which denied the request for granting suspensive effect in the Rescission Action, which had the purpose of nullifying the understanding established in the Ordinary Appeal filed in that court.
The STJ, when deciding the appeal, granted it to continue the initially proposed process. However, it recognized the immunity of the USA in relation to Brazilian jurisdiction and determined that the foreign State be summoned to express its opinion on the possibility of waiving its immunity.
In the application, the family claimed that the STJ's decision "imposed a waiver of the jurisdiction and absolute competence of the Brazilian courts". Noting that there were no such occurrences, Minister Ellen Gracie denied proceeding with the complaint. Therefore, the request for injunctive relief was prejudiced. With information from the STF Press Office.