Questão jurídica principal
Whether the appeal is admissible without a filed power of attorney
Decisão extraída
No. A lawyer must prove the mandate by filing a power of attorney; failing to cure the defect within the set time makes the filing inadmissible.
Fundamentação extraída
The Federal Supreme Court had ordered production of the power of attorney under Art. 40(2) and Art. 42(5) LTF. The counsel did nothing, and the cantonal appointment as ex officio counsel had no effect before the Federal Supreme Court.