Mandado de Injunção: Origens, Jurisprudência do Supremo Tribunal Federal e Perspectivas a Partir da Lei 13.300 de 2016

Abstract

The publication of law 13,300 on 23 June 2016, to discipline the process and the judgement of the individual and collective brazilian injunction warrants, although belatedly, intended to put an end to a series of issues on which had already considered the doctrine and jurisprudence. After all, the writ was already among Brazilians since 1988 and was being used too often, giving rise to very sensitive solutions especially with regard to the principle of separation of powers and the so-called judicial activism. Although it has been created to enable fundamental rights evaded by the powers that be by reason of legislative omission or lack of compliance with the constitutional commands in cases where the initiative of the legislative process depended on demonstration of the Executive power, the jurisprudence of the Supreme Court was reluctant to assign the said constitutional remedy the concrete effects that he always kept in his mind. However, the novel legislation seems a step backwards in this theme. These and other aspects of the controversial Office shall be object of this little writing.