Democratic Constitutionalism and Strategic Litigation: The Brazilian Writ of Injuntion N. º 4.733 Case

Abstract

This research has the aim to exam the Brazilian Writ of Injunction (MI nº 4.733) in the perspective of democratic constitucionalism. In this sense, it will be analyzed its relation with the social movements, as well as the concept of strategic litigation and its possible impacts on society. Then, the article will investigate the constitutional arguments that indicates the unfeasibility of this judicial review, likewise the possibility of this writ of injunction as a strategic litigation for up coming political deliberation in Federal Congress about the subject and its effects on Brazilian society.

Keywords

• Constitucionalismo Democrático
• Litígio Estratégico
• Mandado de Injunção
• Direitos Fundamentais
• Liberdade de Gênero.