The Constitutional guarantees for the protection of public freedoms

A Historical-Conceptual Review in the 35 years of the 1988 Constitution

Abstract

In the 35 years since the promulgation of the 1988 Constitution of Brazil, it is important to revisit some concepts and analyze, even briefly, some important points for the history of Brazilian constitutionalism, so that the present work seeks to achieve this objective through a perfunctory analysis of the constitutional guarantees for the protection of public freedoms, also known as “constitutional remedies” or constitutional actions, so that in each of its component parts, the work will discuss historical, conceptual and procedural aspects, in light of the 1988 Constitution, the infraconstitutional legislation and the jurisprudence of the Brazilian Courts, constitutional actions of habeas corpus, habeas data, writ of mandamus, writ of injunction and popular action, which was done through a dialectical methodological approach, whose technical development derived from a bibliographical review primary, whose intention was to substantiate, even if briefly, each of the points that make up the present research.