The written against jurisdictional decisions after CPC/15

Abstract

The writ of mandamus consists of a constitutional action of a civil nature, being the means by which individuals or legal entities, also some entities, prevent or stop illegal or abusive conduct practiced by an individual (authority) in the exercise of public function. The writ of mandamus emerged with the Federal Constitution of 1934. Currently, it is provided for in article 5, items LXIX and LXX, of the Federal Constitution, and regulated by Law n. 12.016/2009. For its configuration, some requirements are necessary: ​​a) liquid and certain right, not supported by habeas corpus or habeas data; b) illegal or abusive act; c) public authority or agent of a legal entity in the exercise of public functions. The importance of the writ of mandamus is verified due to its character of fundamental constitutional guarantee. This guarantee requires a broader stance from the State, where duties are imposed, such as creating laws that establish its procedure, making it faster, more accessible and effective, in addition to giving the writ of mandamus an interpretation that is always favorable to the its appropriateness, processing and execution. Therefore, it is concluded that the writ of mandamus is a constitutional instrument of great importance, used to protect a liquid and certain right, not supported by habeas corpus or habeas data, against illegal acts or abuse of authority in the exercise of public power. The research used the deductive method of approach in which reason is assumed in order to arrive at true knowledge and bibliographic and documentary research techniques, based on consultation with doctrine, legislation and court judgments. In the end, we sought to analyze the entire procedural issue of the writ of mandamus, as well as the evolution of the writ of mandamus in the diplomas in the Brazilian legal system, so that it was possible to evaluate its use as a means of challenge.