Questão jurídica principal
Whether the appeal was admissible despite the missing power of attorney for counsel.
Decisão extraída
The appeal could not be examined on the merits and was inadmissible because the requested power of attorney was not filed within the cure period.
Fundamentação extraída
Under Art. 40(2) LTF counsel must prove their mandate by power of attorney. After the president's order under Art. 42(5) LTF, failure to remedy the defect within the set time leads to inadmissibility; the simplified procedure under Art. 108(1)(a) LTF was therefore applicable.