Advogado, bacharel em direito pela Faculdade de Direito do Recife – FDR/UFPE, inscrito na Ordem dos Advogados do Brasil – Seccional de Pernambuco sob nº: 43.961; membro do Grupo de Pesquisa Tutela dos Interesses Difusos / CNPq – GPID. Atua prestando serviços de consultoria e assessoria jurídica nos vários ramos do direito com ênfase nas áreas Cível e Tributária.
The main objective of this monographic work is the study of the injunction as an instrument capab... more The main objective of this monographic work is the study of the injunction as an instrument capable of conferring effectiveness to the pending constitutional norms of regulation. In this perspective, it is intended to check among the various doctrinal and jurisprudential currents that encompass the subject, which is the most appropriate way to remedy the crisis of ineffectiveness of constitutional norms without violating the principle of separation of powers. It will study the general aspects of the constitutional remedy, such as legal nature, concept, legitimacy and competence, as well as the procedure used to impart the Request for Injunction. It will also analyze the effects of the decisions issued in injunction, based on the adoption of one of the theories on matter: non-concrete, intermediate individual concretist, individual concretist and general concretist. In the new dimension given to this important constitutional remedy, it will be seen that the reception of the intermediate individual concrete position is the one that best accomplishes the writ's potentialities and the constitutional purpose for which it was created, not offending the Separation of Powers. The jurisprudential change of the Federal Supreme Court, as well as the promulgation of Law 13.300 / 2016, rekindled the lights of the institute that was considered ineffective by constitutional doctrine and brought to the debate its purpose in the realization of full democracy.
The main objective of this monographic work is the study of the injunction as an instrument capab... more The main objective of this monographic work is the study of the injunction as an instrument capable of conferring effectiveness to the pending constitutional norms of regulation. In this perspective, it is intended to check among the various doctrinal and jurisprudential currents that encompass the subject, which is the most appropriate way to remedy the crisis of ineffectiveness of constitutional norms without violating the principle of separation of powers. It will study the general aspects of the constitutional remedy, such as legal nature, concept, legitimacy and competence, as well as the procedure used to impart the Request for Injunction. It will also analyze the effects of the decisions issued in injunction, based on the adoption of one of the theories on matter: non-concrete, intermediate individual concretist, individual concretist and general concretist. In the new dimension given to this important constitutional remedy, it will be seen that the reception of the intermediate individual concrete position is the one that best accomplishes the writ's potentialities and the constitutional purpose for which it was created, not offending the Separation of Powers. The jurisprudential change of the Federal Supreme Court, as well as the promulgation of Law 13.300 / 2016, rekindled the lights of the institute that was considered ineffective by constitutional doctrine and brought to the debate its purpose in the realization of full democracy.
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Thesis Chapters by Victor V Diniz