A Fazenda Pública e o processo justo

Abstract

The study in this thesis aims to analyze the prerogatives the Exchequer in court, demonstrating that points its existence offends constitutional principles that guide the Brazilian legal system. Using fundamentals of renowned scholars and pointing jurisprudence both in defense of those prerogatives as the questioning of its existence, often stating that it is true "privileges", you'll notice that the Equality in adjudication is being respected, equality the Public Finance under the grounds of public interest and the protection of the treasury or if such guarantees offend the democratic rule of law constituting norms guided by authoritarianism. The study will appoint two procedural solutions, namely, the Trusteeship Anticipation and compliance with the Good Faith and Loyalty Procedure, with the possible sanction of the Treasury for possible litigation in Bad Faith.