Uma análise ao ativismo judicial do supremo tribunal federal em face do mandado de injunção (lei 13.300/16)

Abstract

For a long time, the decisions of the Federal Court of Justice when judging the injunction warrant were attached to the declaration of the legislative delay. However, after being faced with the right to strike by the public servant, a constitutional guarantee provided for in art. 37, §7, of the Constitution of the Federative Republic of Brazil, the Supreme Court, in rendering the decision of the injunction warrant of number 708, assigned a period for the Legislative Power to fulfill its function, as well as applied analogously the law that regulates the right to the strike of private servers. The objective of this work is the study of the ineffectiveness syndrome of constitutional norms, brought by the Constitution for its innumerable laws with limited effectiveness, with a brief look at the constitutional actions in defense of the rights and guarantees foreseen, as well as to analyze which objects protected by the injunction warrant and the evolution of the decisions of the Supreme Court in judging this constitutional remedy, noting, also, where applicable, the regulation of the institute with the publication of Law 13.300, of 2016, and the legitimations resulting therefrom.