Resumo de AÇÕES CONSTITUCIONAIS | Ep. 368

Summary

This video covers fundamental constitutional actions, focusing on Habeas Corpus, Mandado de Segurança, Habeas Data, Mandado de Injunção, and Ação Popular. It explains the legal aspects, including their definitions, purpose, and requirements, such as who can file these actions, their nature (criminal, civil), and the involved parties. Key distinctions, such as the difference between preventive and repressible actions, as well as procedural specifics like the 120-day deadline for Mandado de Segurança, are explored. The script also touches on the role of the public in ensuring accountability and the process of appealing or challenging administrative acts.

Takeaways

• 😀 *Habeas Corpus* protects the right to freedom of movement, allowing individuals to challenge illegal or abusive imprisonment.
• 😀 There are two types of *Habeas Corpus*: preventive (salvo-conduto) and repressively when someone is already imprisoned unlawfully.
• 😀 *Habeas Corpus* does not require a lawyer and can be filed by the individual whose rights are violated or by someone acting on their behalf.
• 😀 *Mandado de Segurança* (writ of security) protects an individual's clear and certain rights not covered by *Habeas Corpus* or *Habeas Data*. It requires documented evidence when filed.
• 😀 *Mandado de Segurança* is a subsidiary action, meaning it can only be filed when *Habeas Corpus* or *Habeas Data* are not appropriate.
• 😀 *Mandado de Segurança* can be preventive or repressively and is a civil action that requires a lawyer to file.
• 😀 *Habeas Data* allows individuals to access personal information held by public entities or to correct incorrect information about themselves.
• 😀 *Habeas Data* is personal and cannot be filed collectively. It is free of charge and can only be filed by the individual concerned, though it can be passed to spouses or heirs under certain conditions.
• 😀 *Mandado de Injunção* is used to compel legislative bodies to create laws necessary for the full exercise of constitutional rights when they are incomplete or absent.
• 😀 The *Mandado de Injunção* does not allow for a provisional injunction, and the state or the responsible party must fulfill the duty to legislate.
• 😀 The *Ação Popular* allows any citizen to challenge acts that harm public assets, morality, the environment, or cultural heritage. The Ministry of Public can take over the action if the individual withdraws.

Q & A

What is the main purpose of a Habeas Corpus (HC)?

The main purpose of Habeas Corpus is to protect an individual's freedom when it is threatened by illegal detention or abuse of power. It ensures that no one is deprived of liberty without proper legal grounds.

What are the two types of Habeas Corpus and how do they differ?

The two types of Habeas Corpus are: 1) **Preventive Habeas Corpus** (also called 'salvo-conduto'), which is filed when someone is at risk of being detained illegally, and 2) **Repressive Habeas Corpus**, which is filed when someone is already unlawfully detained.

Is an attorney required to file for Habeas Corpus?

No, an attorney is not required to file for Habeas Corpus. It is available to anyone, and it can even be filed on behalf of another person.

What is the nature of Mandado de Segurança (Writ of Security)?

Mandado de Segurança is a civil action aimed at protecting a 'liquid and certain' right when other constitutional remedies are not available. It is generally used to challenge acts of public authority that are illegal or an abuse of power.

What is the difference between Habeas Corpus and Mandado de Segurança?

Habeas Corpus is specifically focused on protecting personal freedom, whereas Mandado de Segurança protects broader rights, such as the right to act freely without legal obstruction. Additionally, Mandado de Segurança requires proof, typically in the form of documentation, and must be filed with an attorney.

What does 'liquid and certain' right mean in the context of Mandado de Segurança?

'Liquid and certain' refers to rights that are clear and easily proven, meaning that the claimant has sufficient documentation to prove the right without needing further investigation or evidence.

What is Habeas Data, and when can it be used?

Habeas Data is a legal action that allows individuals to access personal data held by public authorities and correct any errors in those records. It can be used when there is incorrect information about a person in public databases.

Can Habeas Data be filed collectively?

No, Habeas Data is always a personal action. It is non-collective, meaning it can only be filed by the individual whose data is at stake.

What is the purpose of Mandado de Injunção?

Mandado de Injunção is used to address situations where the lack of necessary legislation prevents the effective exercise of constitutional rights. It compels the legislature to act and pass laws to regulate these rights.

What is the deadline to file a Mandado de Segurança, and what is its nature?

A Mandado de Segurança must be filed within 120 days from the date the right is violated. It is a civil action that cannot be delayed, and failure to file within this period results in the loss of the right to bring the action.

What is Ação Popular, and who can file it?

Ação Popular is an action that allows any citizen to challenge acts that harm public assets, the environment, or public morality. It can be filed to annul acts that are illegal or damaging to public interests.

What happens if someone withdraws from an Ação Popular?

If the individual who filed an Ação Popular withdraws, the Public Prosecutor’s Office assumes responsibility for the case and continues the legal action. This ensures that the public interest is still protected.