Aspectos normativos do mandado de injunção e sua evolução jurisprudencial no âmbito do Supremo Tribunal Federal

Abstract

Doctrinal and jurisprudential approach about the writ of injunction with special focus on its most controversial issues and the recent change of interpretation within the Supreme Court. First, there are notes about the legislative omission and its history of struggle, demonstrating the harm of the legislative silence and the necessity of exploring it. After, the focus is on normative aspects of the writ of injunction and the exposure of current doctrine on the juridical nature of the writ, which was foreseen for the first time by the Constitution of 1988. Also, this work focuses on the writ of injunction procedural form with particular emphasis on active and passive legitimacy and the jurisdiction power of the courts to appreciate it. At the end, it analyzes the jurisprudential history of the writ of injunction, showing the judicial ruling change within the Supreme Court.