Supreme Federal Court

1 In the cases foreseen in this article, the judge will command the sending of a court file to the court, has or not appeal; not making it, the chief justice will have to appeal to higher court them. 2 does not apply the made use one in this article whenever the conviction, or the controverted right, is of not exceeding certain value the sixty minimum wages, as well as in the case of origin of the embargoes of the debtor in the execution of active debt of the same value. 3 Also does not apply the made use one in this article when the sentence will be established in jurisprudence of the plenary assembly of the Supreme Federal Court or in abridgement of this Court or of the competent superior court. With base in it, that the judge would be valid to anticipate the effect of the guardianship in the sentence, or same to confirm them in the decision on the merits of the case, if impreterivelmente will be citizens to the revision of the agency eminently superior courts. Thus, for many the double necessary degree consists an impediment the concession of the anticipated guardianship against the Public Farm, since the decision necessarily would have that to submit to 2 jurisdiction degree. In the truth, the anticipated guardianship could until being granted, but it would lose its reason of being in face of the obligator remittance. Exactly thus, amongst the doutrinadores, it still exists those that defend the application of the guardianship against the public farm, supporting that the incongruncia between article 273 and 475 of the CPC is only apparent, of form that can be harmonized with the application of the beginning of the proportionality. Moreover, the double obligator degree is demanded only in the substances of extreme social importance as those enumerated in the interpolated propositions of article 475.