Uma análise do mandado de segurança individual repressivo sob o prisma do princípio da efetividade processual

Abstract

Trough a deductive method, to confirm the initially raised hypothesis, the present study describes the application of the effectiveness principle to the writ of mandamus as a way to reduce its formal complexity. For all effects, it is considered that process effectiveness should not be faced as only an ideology or methodological posture, but as a principle itself, because, in practice, no one is forced to follow any ideology or to adopt determined methodological posture. Because of that, the normative feature of effectiveness has been defended, which, due to its valuable profile, assumes the role of constitutional principle, that can be pondered by the Magistrate when the solution of a juridical matter is developed .This principle, on its turn, presents 8 (eight) subprinciples, which are: fungibility, instrumentality, cooperation, adaptability of procedure, conservation or making good use of process acts, inquisitive and process economy. Under such point of view, the basic hypothesis is that the principle of effectiveness may have an essential rule to the mitigation of the law/process binomen. This scientific paper contains, in the first chapter, the paradigm shift and the arise of new paradigms to the study of law; in the second chapter, the principle of effectiveness and its subprinciples; in the third chapter, the applicability of effectiveness principle and its subprinciples were evaluated. As a final conclusion, the principle of effectiveness is applicable in selected situations.