What does injunction mandate mean
The mandate of injunction is a legal instrument provided for in the Brazilian Federal Constitution, more specifically in article 5, item LXXI. It aims to ensure the exercise of constitutional rights and freedoms that are being violated or threatened with violation by omission of the public power.
To better understand what a mandate of injunction means, it is important to understand what an injunction is. Injunction is a court order that determines that a person or entity do or stop doing something. In the case of the injunction mandate, this order is directed to the public power, requiring it to take the necessary measures to guarantee the exercise of a constitutional right.
How does the injunction work?
The mandate of injunction may be requested by any individual or legal entity that is suffering from the omission of the Government in relation to the exercise of a constitutional right. For this, it is necessary for the person to prove that he has unsuccessfully tried to obtain the recognition or realization of this right through the competent bodies.
After requesting the injunction, the judge responsible for the case should analyze whether there is really an omission of the public power in relation to the constitutional law in question. If this omission is found, the judge may determine that the Government adopts the necessary measures to guarantee the exercise of this right.
Examples of injunction
There are several examples of situations where the injunction can be applied. Some of them are:
- Guarantee the right to strike for public servants;
- Guarantee the right to health, when the government does not offer the necessary treatment;
- Guarantee of the right to education, when the government does not offer vacancies in public schools;
- Guarantee the right to security, when the government does not adopt measures to combat crime;
- Guarantee of the right to housing, when the government does not offer adequate housing conditions.
These are just a few examples, but the injunction can be applied in several other situations where there is omission by the public power in relation to constitutional rights.
Conclusion
Injunction mandate is an important legal instrument that aims to ensure the exercise of constitutional rights and freedoms that are being violated or threatened with violation by omission of the public power. It allows any individual or legal entity to ask the judiciary to determine the public power the adoption of the necessary measures to guarantee the exercise of these rights.
It is essential that citizens know their rights and know that they can resort to the injunction mandate if they are facing omissions of the public power. Thus, it is possible to seek the realization of these rights and contribute to the construction of a fairer and more egalitarian society.