The compulsory double degree of jusrisdiction in improbity actions

Abstract

The purpose of this paper is to discuss – in the light of due constitutional process and the theory of the constitutional model of the procedure – the validity of the submission of rulings of inadmissibility in actions of administrative improbity to the double degree of compulsory jurisdiction, especially taking into account that, in the absence of an express rule determining the necessary review in such cases, the submission is made by force of application by analogy of the provisions of article 19 of Law 4.717/65 (Law of Class Actions) or by the subsidiary application of article 496 of the Code of Civil Procedure. This exploratory research will adopt as procedures the bibliographical review and the documentary analysis (of ruled cases), being the method of inference the inductive one. It seeks to validate the negative hypothesis for the necessary review, either because the analogy is inapplicable, or because the review itself lacks constitutional protection