Mandado de injunção: efeitos de sua concessão

• Autor(a) principal: Cruz, Lúcio Mendes da
• Data de Publicação: 2007
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/56387
• topic: Mandado de injunção; Direito processual; Inconstitucionalidade das leis; Direito constitucional

The undertaken inquiry, of bibliographical matrix, has for intention to analyze the content and the effect of the judicial provisions that grants ordered of injunction. What it motivated the study was not only the curiosity that the awaken subject, but also the reality to the light of the which jurisprudence of the Supreme Federal Court comes if modifying significantly in the last years. Having as parameter the Brazilian lawful system, especially the promulgated Federal Constitution in 1988, becomes an examination of the injunction errand as instrument of rendering effective of the foreseen subjective rights in constitutional ruleses of limited effectiveness. From the doctrinal theories and of the formulated jurisprudential positions until then concerning the injunction errand, therefore using the deductive method, it is examined its purpose and its object. It is supported that the purpose of the injunction errand is to make possible the enjoyment of ali the constitutional laws whose exercise is hindered in face of the absence of norm that it regulates. Considering the necessity of adequacy of the constitutional ruleses to the Constitution, in face of the principie of the supremacy of the Constitutional one, it is defended to become relative of the principie of the separation of being able them, admitling that each one of "being able them" (functions) of the State can exert typical functions of the others. Being the injunction errand destined instrument to solve it deals decurrent of the omission of the Púlico Power, analyzes the jurisdictional system of repressive control of unconstitutionality, especially the question of the unconstitutionality of the omission. The dimensions delimited for the jurisprudence of the Supreme Federal Court for the injunction errand are exposed, considering independently the applicability of the institute of specific procedural regulation, right of action its, active and passive, competency legitimacy for the process and judgment. Finally, one examines the content and effect of the provisions that grants it. Concluding that the content of the provisions will be able to consist of the mere recognition of the unconstitutionality of the omission, of the making feasible of the right of action or of the elaboration of a that it regulates general norm of the rule. It is supported that, in rule, this provisions produces effectiveness raises omnes. Affirming itself, besides, to be transitory the effect of the judicial provisions that grants the injunction errando.