Law No. 12016, August 7 2009

Original Language Title: Lei nº 12.016, de 7 de Agosto de 2009

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LEI No. 12,016, DE August 7, 2009.

Discipline the warrant for security individual and collective and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º Conception will warrant security to protect liquid and certain right, not amstopped by habeas corpusor habeas data, whenever, illegally or with abuse of power, any physical or legal person suffers violation or there is fair fear of suffering from it by authority, be it category for and be what are the functions you exercise.

§ 1º Equipped to the authorities, for the purposes of this Act, the representatives or bodies of parties politicians and administrators of municipal entities, as well as the leaders of legal persons or natural persons in the exercise of assignments of public power, only in so far as they relate to such assignments.

§ 2º It is not up to warrant for security against the acts of commercial management practiced by the administrators of public companies, of mixed economy society and of public service dealerships.

§ 3º When the right threatened or violated couber for several persons, either of them may apply for the warrant for security.

Art. 2º Consider federal the coator authority if the consequences of heritage order of the act against which the warrant requires that the warrant should be borne by the Union or entity controlled by it.

Art. 3º The holder of a net right and right arising under right, under identical conditions, of third party may prevent a warrant for security in favour of originating law if your holder fails to do so, within 30 (thirty) days when judicially notified.

Single Paragraph. The exercise of the right provided in the caputof this article shall submit to the deadline set in the art. 23 of this Act, counted from the notification.

Art. 4º In case of urgency, it is permitted, observed the legal requirements, to impel warrant from security by telegram, radiogram, fax or other electronic means of proven authenticity.

§ 1º Can the judge, in case of urgency, notify the authority by telegram, radiogram or other medium that ensures the authenticity of the document and the immediate science by the authority.

§ 2º The original text of the petition is to be submitted in the following 5 (five) working days.

§ 3º For the purposes of this article, in dealing with electronic document, the rules of the Infrastructure of Brazilian Public Keys-ICP-Brazil.

Art. 5º You will not grant security warrant when you treat yourself:

I-of-act from which to fall administrative appeal with suspensive effect, regardless of caution ;

II-of judicial decision of which to fall appeal with suspensive effect ;

III-of judicial decision transitioned on trial.

Single Paragraph. (VETADO)

Art. 6º The initial petition, which must fulfill the requirements set by the law procedural, will be presented in 2 (two) lanes with the documents which instruct the first reproduced in the second and shall indicate, in addition to the coator authority, the legal person that this integrates, to which it finds itself bound or from which it exercises assignments.

§ 1º In the case where the document required to prove the alleged one finds itself in apportionment or public establishment or in power of authority which refuses to provide it by certificate or third party, the judge shall, preliminarily, order by letter, the display of that document in original or in authentic copy and shall mark, for the performance of the order, the deadline of 10 (ten) days. The Registrar will extract copies of the document to bring them together to the second via the petition.

§ 2º If the authority which has proceeded in this manner is the coator itself, the order shall be in the own instrument of notification.

§ 3º Consider the authority co-ator the one who has practiced the contested act or from which it emanates the order for your practice.

§ 4º (VETADO)

§ 5º Denega-if the warrant for security in the cases provided for by art. 267 of Law no 5,869, of January 11, 1973-Code of Civil Procedure.

§ 6º The request for a security warrant may be renewed within the decadential deadline, if the decision denegatory there is no appreciation for the merit.

Art. 7º When dispatching the initial, the judge will order:

I-which notifies the coator of the content of the initial petition, sending you the second via presented with the copies of the documents, in order that, within 10 (ten) days, please provide the information ;

II-which is to give science from the done to the judicial representation organ of the legal person concerned, sending you copy of the initial without documents, so that, wanting, join in the feat ;

III-which suspends the act which gave reason to the request, when there is relevant ground and of the act challenged can result in the ineffectiveness of the measure, if it is finally given up, being provided to require from impeding collateral, bail or deposit, with the aim of ensuring the reaction to the legal person.

§ 1º From the decision of the first degree judge to grant or denigrate the injunction will be aggravated by instrument, observed the provisions of Law no 5,869, of January 11, 1973-Code of Civil Procedure.

§ 2º It will not be granted injunction that has by object the compensation of tax credits, the delivery of goods and goods from the exterior, reclassification or equipping of public servants and the granting of increase or the extent of advantages or payment of any nature.

§ 3º The effects of the injunction measure, unless revoked or cassed, will persist until the prowling of the sentence.

§ 4º Deinjured the liminal measure, the process will have priority for trial.

§ 5º The gaskets related to the concession of injunctions provided for in this article extend to the early tutelage to which the arts refer. 273 and 461 of Law no 5,869, of January 11, 1973-Code of Civil Procedure.

Art. 8º Will be enacted the peremption or expiry of the injunction ex officioor at the application of the Public Prosecutor's Office when, granted the measure, the impetrant creates hindrance to the normal progress of the proceedings or cease to promote, for more than 3 (three) working days, the acts and the endeavours that comply with it.

Art. 9º The administrative authorities, within 48 (forty eight) hours of the notification of the preliminary measure, shall refer to the Ministry or body to which they find themselves subordinate and to the Advocate-General of the Union or to whom it has the judicial representation of the Union, the State, Municipality or the entity appointed as coator certified copy of the warrant notifying, as well as indications and other elements necessary for the arrangements to be taken for the eventual suspension of the measure and defense of the act pointed out as illegal or abusive of power.

Art. 10. The initial will be since soon dismissed, by a motivated decision, when it is not the case for a security warrant or fails to address any of the legal requirements or when the legal deadline for impeding it.

§ 1º From the initial rejection by the first-degree judge will be appeal and, when the competence for the trial of the security warrant couber originally to one of the courts, of the act of the rapporteur shall be aggravated to the competent organ of the tribunal which integrates.

§ 2º The active litisconsort admission will not be admitted after the dispatch of the initial petition.

Art. 11. Made the notifications, the serventuary in whose office runs the made will add to the authentic copies authentic of the letters addressed to the coator and the judicial representation body of the legal person concerned, as well as proof of delivery to these or of the his refusal to accept them or give receipt and, in the case of art. 4º of this Act, the demonstration of the shipment.

Art. 12. Finder the deadline that refers to the inciso I of the caputof the art. 7º of this Act, the judge will hear the representative of the Public Prosecutor's Office, who will opinion, within the time immersion of 10 (ten) days.

Single Paragraph. With or without the opinion of the Public Prosecutor's Office, the autos will be conclusive to the judge, for the decision, which is to be necessarily handed down in 30 (thirty) days.

Art. 13. Granted the warrant, the judge shall transmit in office, via the Judicial Officer, or by mail, upon correspondence with notice of receipt, the entire content of the sentence to the coator authority and the legal person concerned.

Single Paragraph. In case of urgency, the judge will be able to observe the provisions of the art. 4º of this Act.

Art. 14. From sentencing, denigrating or granting the warrant, it's up to appeal.

§ 1º Grants the safety, the sentence will be subject to the double degree of jurisdictions.

§ 2º-If the authority coaches the right to appeal.

§ 3º The sentence granting the security warrant may be carried out provisionally, save in the cases in which the granting of the injunction is vetoed.

§ 4º The payment of salaries and pecuniary advantages secured in concession sentence of security warrant the public servant of the direct administration or federal, state and municipal administration will only be effected in respect of the benefits that are due to be due to the date of the initial's help.

Art. 15. Where, on application for legal person of public law concerned or the Public Prosecutor's Office and to prevent serious injury to the order, health, safety and public economy, the president of the court to which the knowledge of the respective appeal to suspend, in reasoned decision, the execution of the injunction and sentence, of that decision shall be aggravated, with no suspension effect, within 5 (five) days, which shall be brought to trial in the session following its interposition.

§ 1º Indexed the request for suspension or propped up the aggravation to which the caputrefers to this article, it shall have a new request for suspension to the chairman of the court competent to know of any special or extraordinary appeal.

§ 2º It is also possible for the request for suspension referred to in § 1º of this article, when denied the aggravation of an instrument interposed against the injunction referred to in this article.

§ 3º The interposition of instrument aggravating against injunction granted in the actions moved against the public power and its agents does not prejudice or condition the judgment of the application for suspension referred to in this article.

§ 4º The President of the Tribunal may confer upon the application suspension injunction if it finds, in prior judgment, the plausibility of the right invoked and the urgency in the granting of the measure.

§ 5º The injunction whose object is identical may be suspended in a single decision, and may the chairman of the court extend the effects of suspension on super-convenient liminal, upon simple addition of the original application.

Art. 16. In cases of jurisdiction originating in the courts, the rapporteur shall be responsible for the instruction of the case, the oral defence being ensured at the trial session.

Single Paragraph. From the decision of the rapporteur to grant or denigrate the preliminary measure shall be aggravated to the competent organ of the tribunal which integrates.

Art. 17. In decisions rendered on a security warrant and in the respective appeals, when not published, within 30 (thirty) days, counted from the date of the trial, the judgment shall be replaced by the respective tachylic notes, regardless of review.

Art. 18. Of the decisions on a security warrant handed down in only instance by the courts shall be given special and extraordinary appeal, in the legally anticipated cases, and ordinary appeal, when the order is denegade.

Art. 19. The sentence or judgment that denigrates a warrant for security, without deciding the merit, shall not prevent the plaintiff from having his or her own rights and his or her or her or her or her or her or her or her or her own effects.

Art. 20. Security warrant processes and respective resources will take priority over all judicial acts, save habeas corpus.

§ 1º In the upper instance, they should be brought to trial in the first session that follows the date in which they are conclusive to the rapporteur.

§ 2º The deadline for completion of the autos will not be able to exceed 5 (five) days.

Art. 21. The collective security warrant may be impeded by political party with representation in the National Congress, in defence of its legitimate interests concerning its members or party purpose, or by trade union organization, entity of legally constituted class or association and in operation there are at least 1 (one) year, in defence of net rights and certain of the entirety, or of part, of its members or associates, in the form of its statutes and provided that relevant to its purposes, dispensed, for so much, special authorization.

Single Paragraph. Rights protected by the collective warrant of security may be:

I-collectives, thus understood, for the purpose of this Act, the transindividual, of nature indivisible, of which it is the holder group or category of persons connected with each other or with the contrary party for a basic legal relationship ;

II-individual homogeneous ones, thus understood, for the purpose of this Act, those arising from common origin and the specific activity or situation of the entirety or part of the associates or members of the impetrant.

Art. 22. In the collective security warrant, the sentence will do something judged limited to the members of the group or category replaced by the impetrant.

§ 1º The collective security warrant does not induce litispening for the individual actions, but the effects of the trial thing will not benefit the impeding on individual title if it does not apply for the withdraining of its security warrant within 30 (thirty) days from the proven science of impeding collective security.

§ 2º On the collective security warrant, the injunction can only be granted after the hearing of the judicial representative of the legal person of public law, which is due to rule within 72 (seventy-two) hours.

Art. 23. The right to apply for security warrant shall be extinguished 120 (one hundred and twenty) days, counted from the science, by the person concerned, of the contested act.

Art. 24. They apply to the safety warrant the arts. 46 a 49 of the Act No 5,869 of January 11, 1973-Code of Civil Procedure.

Art. 25. They do not fit, in the process of a security warrant, the interposition of infringing embargoes and the conviction to the payment of the honorary law, without prejudice to the application of sanctions in the case of litigation of bad faith.

Art. 26. It constitutes crime of disobedience, in the terms of art. 330 of Decree-Law No 2,848 of December 7, 1940, non-compliance with decisions made on a security warrant, without prejudice to administrative penalties and the implementation of the Act No 1,079 of April 10, 1950, when cableable.

Art. 27. The regiments of the courts and, in what couber, the laws of judicial organization should be adapted to the provisions of this Act within 180 (one hundred and eighty) days, counted from their publication.

Art. 28. This Act shall enter into force on the date of its publication.

Art. 29. They revoke the Laws in the 1,533, December 31, 1951, 4,166, December 4, 1962, 4,348, June 26, 1964, 5,021, June 9, 1966 ; the art. 3º of the Law No 6,014 of December 27, 1973, the art. 1º of the Law No 6,071 of July 3, 1974, the art. 12 of the Law No 6,978 of January 19, 1982 and the art. 2º of Law No 9,259 of January 9, 1996.

Brasilia, August 7, 2009 ; 188º of the Independence and 121º of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Jose Antonio Dias Toffoli