Questão jurídica principal
Whether the federal appeal against the refusal to restore suspensive effect was admissible under Art. 93 BGG and subject to the limited review of Art. 98 BGG.
Decisão extraída
The order was an independently appealable interim decision causing irreparable harm; however, only constitutional rights could be invoked against this type of interim measure.
Fundamentação extraída
A refusal of suspensive effect can cause irreparable consequences because the driver cannot freely use the vehicle during the proceedings. Decisions on suspensive effect are interim measures, so the Federal Supreme Court reviews only constitutional complaints.