Questão jurídica principal
Whether the request for immediate release was admissible despite the cassatory nature of the public law appeal
Decisão extraída
The request for release was admissible because annulment alone would not restore a constitutional situation; a positive order could be required if detention was unjustified.
Fundamentação extraída
An exception to the cassatory nature of the remedy applies where a concrete measure is necessary, especially when preventive detention is no longer justified.