Executivo e Judiciário sob a ótica do cabimento de mandado de segurança nos Juizados Especiais
This essay analysis the prevailing case-law according to which a writ of mandamus cannot be filled in small court claims as a symptom of the changeovers that occurred in the interrelationship between the Branches of Government in the last couple of centuries. The study of the writ of mandamus develo...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8112873 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 2, 2020, pags. 1-31 |
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| Summary: |
This essay analysis the prevailing case-law according to which a writ of mandamus cannot be filled in small court claims as a symptom of the changeovers that occurred in the interrelationship between the Branches of Government in the last couple of centuries. The study of the writ of mandamus development, in a social-economic perspective, reveals a shift that establishes the writ of mandamus as a good measure of democratic and constitutional health for each historical period. Subsequently, we investigated the new paradigms introduced by the Federal Constitution of 1988, as well as it´s deviations, for better understanding the emerging roles from the three branches of government nowadays. The comparison between the results achieved in this essay with the prevailing case law regarding the writ of mandamus allows us to see the similarity between the Judiciary in the present moment and the Executive´s past position on the matter. |
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