The Full Board of the Supreme Federal Court decided upon judgment of Extraordinary Appeal n. 669,367, that giving up relief in a writ of mandamus is a claimant’s right and may happen at any time, without the other parties’ acceptance and regardless of the existence of a merits decision.
Most of the Justices understood that the writ of mandamus is an action for the citizen against the Government and, thus, it does not generate any right to the coercive public authority.
Justice Rosa Weber, who issued the winning vote, emphasized that the writ of mandamus, as a constitutional remedy, is grounded in the alleged certain and liquid right when facing an illegal or abusive act performed by an authority. In her vote, the Justice mentioned STF precedents that decided that giving up relief is a claimant’s option in the writ of mandamus. According to the Justice, a potential bad faith in giving up relief must be challenged by means of a proper procedure, on a case by case analysis. Justices Dias Toffoli, Cármen Lúcia, Gilmar Mendes, Celso de Mello and presiding Justice Ricardo Lewandowsky agreed with Justice Rosa Weber.
(STF. Available at: <http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=237552>. Accessed in: May, 2013).