Administrativo - Constitucional
Páginas | 51-52 |
Page 51
Mandado de segurança - Apreensão de veículoExigência de pagamento de multas e diárias para liberação do veículo - Inconstitucionalidade - Pedido de decretação de nulidade de multa de trânsito - Ausência de prova préconstituída. Impossibilidade em sede mandamentalNecessidade de dilação probatória. - É inconstitucional a exigência do pagamento de multa administrativa para a liberação do veículo apreendido pelo órgão de trânsito, sem conceder ao suposto infrator, o direito ao devido processo legal, ao contraditório e à ampla defesa. - A nulidade das infrações é questão que demanda dilação probatória, não podendo ser deferida em sede mandamental. (TJ/MG - Reex. Necessário n.
1.0024.04.407216-3/001 - Comarca de Belo Horizonte - 5a. Câm. Cív. - Ac. unân. - Rel: Des. Nepomuceno Silva - j. em 20.10.2005 - Fonte: DJMG, 11.11.2005).
Constitucional. Administrativo. Processual civil. Contratação de advogado pelo Banco Central do Brasil. Ação popular. Requisitos. Ilegalidade. Lesividade. Não-ocorrência. Improcedência. 1. São requisitos da ação popular a condição de eleitor do autor, a ilegalidade e lesividade do ato impugnado, constituindo estes dois últimos, também, o próprio mérito do pedido de anulação do ato. 2. Não ocorre violação ao princípio da moralidade administrativa, na espécie, em que a contratação de profissional para prestar serviços de advocacia ao Banco Central do...
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