As prerrogativas da fazenda pública em juízo: o impacto no pedido de suspensão de segurança frente à reinterpretação do princípio da supremacia do interesse público sobre o privado

Abstract

The present work has the power to go over the indispensability of the prerogatives that the Public Treasury has in court, authorized by the ideal of supremacy of the public interest over the private and in the face of the need to ensure material isonomy, also called conditional equality, guarantee cornerstone of the Democratic State of Law. The supremacy of the public interest is specifically addressed so that later the need for its reinterpretation is clarified in the face of the relativization of the “public versus private” dichotomy. Afterwards, it goes on to explain a specific prerogative, namely, the request for suspension of security, addressing its main points in order to denote that it is a rather peculiar instrument, permeated by controversies and difficulties regarding its analysis, which makes it a dubious institute in terms of legal certainty. As will be shown, its suitability, supposedly restricted because it is conditioned to specific requirements, namely, serious damage to public order, health, economy and safety, actually generates a scenario of instability because it deals with requirements with a high degree of abstraction. From the list of premises combined with plausible reflections, it is important to assess whether the request for suspension of security, from the rereading of the principle of supremacy of the public interest over the private, can be considered an outdated institute that violates isonomy and undermines security. legal or not, remaining intact because it is a prerogative that indistinctly serves the interest of the community. Consequently, it is possible for the interested party to identify the impact attributed to this institute through the reinterpretation of the supremacy of the public interest, that is, the caution of the noble judges when it comes to its concession, by the recognition made possible by the new vision concerning the distortion of the institute today.