Uma análise aos efeitos do mandado de injunção: na prescrição da lei nº 13.300/16 e na perspectiva da doutrina

• Autor(a) principal: Lourenço, Hector Medeiros
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/42780
• topic: Mandado de Injunção; Regulamentação Infraconstitucional; Lei nº 13.300/16; Concessão da Injunção; Efeitos

With the promulgation of the new Federal Constitution in 1988, a new legal-political order was established in the Brazilian legal system - measured by the settlement of the democratic system ruled by law, through which new institutes were born until then unknown and ignored in the legal system In force in our country, an example of this is the constitutional lawsuit named: Right of Injunction. The Right of Injuction, from the start, caused the discussion of the legal practitioners and the theoretician about their effects. Many theoretical hypotheses have been proposed, leading to the creation of currents - "Non-Concretist", "General Concretist", "Individual Concretist" and "Intermediate Individual Concretist" - that debate the effects due to the decision that judges the object of the legal instrument. In fact, when the constitutional order was issued, the right of injuction never had infraconstitutional regulations until June 2016, when the legislator gave this constitutional remedy its own law - nº. 13;300/16 - marking its rite and its effects. It was then a matter of carefully analyzing the proposals formulated by the currents that exists in our doctrine for right of injunction's effects and the option chosen by the infraconstitutional legislator for the effects of granting the injunction.