O MANDADO DE SEGURANÇA COMO INSTRUMENTO DE EFETIVAÇÃO DOS DIREITOS FUNDAMENTAIS E DE PROMOÇÃO DA CIDADANIA
DOI:
https://doi.org/10.22171/rej.v25i42.3664Keywords:
instrument of effectiveness. fundamental rights. human dignity. protection of rightsAbstract
Fundamental rights were established under the impetus of a ruling constitution with the ideal of transforming society. From this, the construction of a free, egalitarian and fair society became the objective of the Democratic State of Law. In this context, this article will seek to investigate the writ of mandamus as a mechanism for protecting fundamental rights and promoting citizenship against the arbitrariness practiced by the Public Power. The article will also analyze the historical roots of the writ of mandamus, based on Mexican law, and the concepts of fundamental rights and human dignity. For the execution of the proposed objective, the technique of bibliographic research in scientific articles, legislative documents and jurisprudential understandings was adopted as a method of procedures; and, as a method of approach, the deductive approach was adopted. Finally, the work concluded that the security herd constituted a legitimate expression of citizenship, because through this constitutional remedy it is possible to protect fundamental rights against violations of public authorities, when presented in the liquid and right form.
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