Law 13.300/16 that regulates the injunction: an activist or dialogical option?

Abstract

Among the constitutional instruments of citizen security, the Writ of Injunction remained, until recently, without legislative regulation. The legislative omission did not prevent the citizens to appropriate the institute and widely used to demand the judiciary the realization of fundamental rights. After a slow process of consolidation, the law of the injunction was created in 2016. However, in the face of theories that favor a return of popular sovereignty to constitutional debates, especially popular constitutionalism and democratic constitutionalism, and the dialogical theories that indicate the necessary debate between the different institutions and powers, it is necessary to inquire about the necessary procedural openness Of the writ of injunction to the formulas of popular participation in the constitutional jurisdiction. From this theoretical concept, the purpose of this article is to examine the Law of regulation of the Writ of Injunction, using documentary research, case law and literature review in the field of constitutional law.