Questão jurídica principal
Whether the public law appeal against the cantonal detention order was admissible and could seek immediate release or suspensive relief.
Decisão extraída
The appeal was admissible against the final cantonal decision, and the appellant could seek immediate release as a substitute for annulment; however, suspensive relief could not be used to obtain premature success on the merits.
Fundamentação extraída
The Federal Court distinguished the cassatory nature of the remedy from the exception allowing release as a consequence of the challenged detention decision. Measures under Art. 94 OJ preserve the status quo and cannot anticipate the substantive outcome.