Fiscal execution raised to common court dismissed as Article 4 of Decree 38088 applies only to superior courts.

The fiscal execution was dismissed because the court determined that Article 4 of Decree No. 38088 applies exclusively to superior courts, not common courts. The relator, Bruto da Costa, ruled unanimously that the generic precept in the cited article does not extend jurisdiction to the common forum. Consequently, the procedural elevation of the case was invalid, and the execution remained within the original jurisdictional scope.