THE AMICUS CURIAE IN WRIT OF MANDAMUS AND IN WRIT OF INJUNCTION AT THE SUPREME COURT

Abstract

This article aims to expose a controversy that have been established under the Brazilian Supreme Court on the admission of amici curiae in case of writ of mandamus and writ of injunction. It will analyze briefly the favorable and unfavorable decisions on admission of amicus curiae in writ of mandamus and writ of injunction. This research shows that even in cases where there is a clearly subjective transcendence of the dispute, the amicus curiae, with rare exceptions, is not accepted. That position has caused damage not only to those who wanted to join in the request for act as amicus curiae, but also to the Supreme Court, that loses the opportunity to produce more pluralistic and clear character decisions.