The Federal Justice is the competent jurisdiction to enter jugdment concerning writ of mandamus against acts by managers of Federal Government controlled companies

  • Carolina Alves Chagas Pianetti - 24 October, 2014 - Articles

 The Federal Supreme Court (STF) reaffirmed court precedents in the sense that the Federal Justice is the competent jurisdiction to preside over and decide matters concerning writ of mandamus against acts by managers of Federal government controlled companies granted with powers delegated by the Federal Union.

Upon the trial of the extraordinary appealnumber 726035, filed to the Court by an eliminated applicant in the civil-service examination sponsored by Petrobras, the Supreme Court reaffirmed its prevailing precedent on the matter.

The matter concerns a writ of mandamus filed by an applicant to challenge an act of the PetrobrasPersonnel Sector’s manager before the State Court of Sergipe. On lower court the case was dismissed and the Court of Appeals of Sergipe, judging the appeal, declared ex officioits absolute lack of jurisdiction to decide the matter, understanding that a Federal Court should judge the case. The interested party challenged that decision as well and Supreme Court’s (STF) judge-rapporteur Luiz Fux recognized the subject’s general repercussion (the judgment of matters alike should be binding to lower courts). The judge considered that thechallenged decision was in harmony with the prevailing precedents of the Supreme Federal Court, and should not be changed. The appeal was denied.

In this context, it is extremely important to analyze the public authority’s legal naturebefore filing a writ of mandamus, especially when the challenged act is practiced by a manager of a Federal government controlled company, preventingconflict of jurisdictions as the one hereby described.

Any doubts about this matter, please contact our Administrative Law team to help you.

Carolina Alves Chagas Pianetti –  member of the Administrative Law team 



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