The Bill 4497/08, proposed by the Deputy Paes Landim (PTB-PI), eliminates the term of 120 days to file a petition of writ of mandamus, an instrument used to ensure clear legal right.

The bill revokes the Article of the Civil Rule Code that establishes the counting of that term from the date in which the interested person takes note of the act he/she desires to oppose and invalidate. Current law requires the right to file a petition of writ of mandamus after the end of the term.

Arbitrary term
For Paes Landim, that device restricts the possibility of the filing of a petition of writ of mandamus. He supports that the term is arbitrary and attempts against the nature of the writ of mandamus.

According to him, both doctrine and case law consecrate the clear legal right to file the petition when the facts are not controversial or can be proved by documents. “The term of 120 days is a nonsense”, says Landim.

Procedure
The Bill will be reviewed by the Committee on the Constitution and Justice and Citizenship.

Report - Luiz Claudio Pinheiro
Editing - Newton Araújo
Translation – Positive Idiomas Ltda