A construção do mandado de segurança: por uma história das dimensões jurídicas da justiça no Brasil republicano (1891-1937)

Abstract

The theme of this dissertation is the history of “mandado de segurança” during the first decades of the republican period and the decisive role of the so-called "Brazilian doctrine of habeas corpus" for the effort of positivation and adaptation of the new institute to the juridical environment and the new model of justice under construction. The research will mainly be based on the analysis of the discourse and the practice of applying these new mechanisms of legal protection that, at first, emerged as a product of the doctrinal evolution and jurisprudence of the time. This process, initiated by the expansion of habeas corpus, through the constitutionalisation of the “mandado de segurança” in 1934 and its regulation in 1936, was the moment in which the basic and decisive rules and concepts were established for the delimitation of the scope of this new constitutional remedy. Throughout the research, even by the nature of the institute under analysis, the objective will be to study its use against acts of Public Administration that violated fundamental rights and individual guarantees, in the period between the years of the “Primeira República” until the beginning of the “Estado Novo”, when the “mandado de segurança” is excluded from the Constitution. From this study, it will be possible to understand how the history of creation of the “mandado de segurança” offers important theoretical and conceptual keys to contextualize this moment of contradictions, advances and setbacks in the legal history of Brazil.