Da exigência de caução para a concessão de liminares em mandado de segurança

Abstract

The present work deals with the institute of the mandamus, necessarily on a disposal brought for Law 12,016/09, that it authorized to the magistrate to demand pledge for the concession of thresholds in mandamus. Critically the constitutionality of this forecast will be analyzed, presenting the arguments favorable and contrary to this limitation, beyond demonstrating as the question has been raised in the courts. To get the solution to this uproar, we emphasize the origins of the Institutes of mandamus and injunction, explaining its aims and characteristics within our legal system and how those materials are arranged in the New Law of Mandamus. The arguments put forward seek to bring a balance between the interests of private and public administration in order to be protected on the effectiveness of judicial proceedings, providing that the requirement of collateral is not an obstacle for the plaintiff to obtain custody of his right in limine, nor a means for the public entity to continue committing acts of abuse against the other party.