Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment which, in civil proceedings brought against a person other than the granting authority, declared a surface-right concession contract null, invoking legality, adversarial proceedings and a fair trial. The Court allowed the appeal and declared the decision unconstitutional, since a civil court may only take incidental notice of nullity, not declare it with effects beyond the case, depriving the granting authority of a hearing.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.