Questão jurídica principal
Whether the public law appeal against the referral order was admissible under Art. 87 OJ despite its incidental nature.
Decisão extraída
The referral order was an incidental decision causing no irreparable harm, so it could not be challenged immediately by public law appeal.
Fundamentação extraída
A referral to trial does not create irreparable prejudice because the trial court can hear the accused, confront the parties, and order further expert evidence; the accused may still obtain a favorable judgment on irresponsibility.