A (im)possibilidade de revogação da suspensão condicional do processo após o período de prova: análise à luz dos valores constitucionais e princípios da Lei 9.099/95

Abstract

The purpose of this study is to analyze the pertinent aspects to the application of the institute of the conditional suspension of the process, brought by the Law of the Special Civil and Criminal Courts, seeking specifically to analyze the possibility of revocation of the institute in question after the trial period before the principle. and the purposes of said law. The methodology used was the bibliographic and jurisprudential research aiming to point out the different doctrinal and jurisprudential understandings about the subject, aiming at the study of the different interpretative lines referring to the revocation after the trial period, as well as their respective procedural reflexes. Assuming that the law of the civil and criminal special courts and their institutes aims to speed up the judicial provision, the present study sought to investigate whether the understanding established by the Superior Court of Justice within the scope of Special Appeal 1498034/RS It observed the principles and objectives of the aforementioned law, as well as the values of the Federal Constitution of 1988, specifically when considering the possibility of extemporaneous revocation of the institute in question. Achieving these objectives, it was found that the interpretative line that considers that it is possible to revoke the conditional suspension of the case, dominant within the jurisprudence consolidated by the Superior Court of Justice, is inadequate when faced with the principles and objectives of the law of special civil courts as well as the values of the Federal Constitution of 1988, and after identifying the supervisory deficiency on the part of the State regarding the compliance with the conditional suspension agreement of the process, which is the factor that raises the discussion in the present work, in which it was pointed out. As a solution for optimizing the application of the institute in question, the use of computerized means, already widely used in the context of the court provision, has been used.