THE WRIT OF PROTECTION: FROM PROCEDURAL TO SUBSTANTIVE RIGHTS AND BETWEEN CIVIL AND COMMON LAW

Abstract

The article aims to deal with important aspects regarding special instruments used to vindicate fundamental rights and guarantees (called writ of protection ). In Brazil, this writ is usually called mandado de segurança. However, there also are other possible tools with similar objectives (not only in Brazil but in all of Iberian America). Despite the variations between the denominations found in different countries, such instruments usually seek similar objectives. As it will be demonstrated, all the species of the writ of protection can be related to an extended concept of jurisdiction and due process of law. In addition to that, these instruments can facilitate the implementation of rights counterbalancing formal inefficiencies and moderating a rigid civil law , as we will see in the present paper