Which remedy protects a clear and certain right that is not covered by habeas corpus or habeas data?
Answer and explanation
Correct answer: B. Mandado de segurança
- Step 1: Article 5, LXIX, provides mandado de segurança against illegal acts of authorities.
Answer
Mandado de segurança.
Why not the others: Mandado de injunção is used when the lack of a regulating norm makes a right unusable.
Practise more Constitutional Law.
Free questions with an explanation for every one, and full timed OAB Bar Exam (Exame de Ordem), First Phase mock tests.
More Constitutional Law questions
- Which of these is listed in Article 1 of the 1988 Constitution as a foundation of the Federative Republic of Brazil?
- According to Article 2 of the Constitution, which Powers of the Union are independent and harmonious with each other?
- Which constitutional remedy protects freedom of movement (liberdade de locomoção) against illegal or abusive restriction?
- What is the purpose of habeas data under Article 5, LXXII of the Constitution?
- A company is refused a licence by an official in a way that violates a clear right that can be proved with documents, and habeas corpus and…
- Police officers want to enter a private home without the resident's consent at 2 a.m., without any ongoing crime or disaster. They hold a si…