Resumo

NADER ORFALE, Linda Elena. Breach of civil rights by presenting protection of civil rights action against judicial providence. Justicia Juris [online]. 2013, vol.9, n.2, pp.38-46. ISSN 1692-8571.

The Civil Rights protection action is a legal mechanism that has a main purpose. This purpose is the protection of the fundamental rights enshrined in the National Constitution. The Constitutional Court, which is the Agency responsible for ensuring the integrity and supremacy of the Constitution, has developed around the issue of the protection of civil rights action against court orders. This action has evolved over time, establishing a causal procedural, which has split into two, the generic and specific actions. It is important to know the jurisprudential developments that have been around this topic, since the civil rights protection action is an instrument that all citizens have to protect their fundamental rights. It is necessary also indicate how this action against court orders may violate some fundamental principles as are the legal certainty, non bis in idem, speedy and autonomy and independence of the judiciary, and in turn carry out a comparative analysis of the positions that defend the Civil Rights protection action against sentences, which stipulate that this does not infringe on any of the above mentioned principiples.

Palavras-chave : Civil Rights protection action; judicial providence; the Constitutional Court; Causal procedural; fundamental principles.

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