Da aplicabilidade do mandado de segurança na esfera criminal

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study intends to analyse the writ of mandamus on Brazil s Criminal Procedural Law, regarding its historical origins as well as this remedy in Comparative law. We do not intend to study everything about this subject, but the full meaning of the institute that has been an important instrument on individual rights protection and a powerful weapon against the arbitrariness carried by some state officers. We will also focus on some equitable remedies not predicted in our Criminal Procedural System for injunctive relief to refrain from doing certain acts or to order a specific performance, as well as the lack of effective procedures to immediatly prevent any injury that may come from State s activities. The reader will be introduced to the argument that the constitutional writ of mandamus is an important remedy to protect legal rights and constitutional guarantees in criminal law, aimed at a balance of the Rechtsstaat

ASSUNTO(S)

criminal procedural law direito processual penal esfera criminal criminal jurisdiction writ of mandamus aplicabilidade direito penal mandado de segurança mandado de seguranca -- brasil aplicability processo penal -- brasil

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