DESCUMPRIMENTO DE ORDEM JUDICIAL EM MANDADO DE SEGURANÇA: UMA INVESTIGAÇÃO JURÍDICA E SOCIAL

Abstract

This final project analyzes the failure to comply with court orders in writs of mandamus, using as a case study the incident that occurred at the Federal University of Paraíba (UFPB), in which an injunction guaranteeing the right to Libras interpreters was granted, but subsequently ignored by the institution. The central objective was to investigate the extent to which a culture of impunity and the absence of effective enforcement mechanisms contribute to the failure to comply with court decisions. The research used the hypothetical-deductive method, based on the hypothesis that a culture of impunity and the absence of effective enforcement mechanisms contribute to the failure to comply with court decisions in writs of mandamus, combining documentary research, doctrinal analysis, and case studies. From this approach, it was found that failure to comply with court orders compromises not only the individual rights of the petitioner, but also the credibility of institutions and the effectiveness of the courts. Bobbio's reflection allowed us to understand the gap between proclaimed rights and their implementation, while Dimenstein contributed to the analysis of "paper citizenship" in the Brazilian context. The study also demonstrated that, although the legal system includes instruments of coercion—such as the crime of disobedience, astreintes (a law), administrative misconduct, and acts that undermine the dignity of justice—the practical application of these mechanisms is selective, targeting private individuals more severely than public officials. The conclusion is that overcoming this reality requires not only normative provision but also the firm and equitable application of existing sanctions, breaking with the culture of impunity and reaffirming the role of the Judiciary as guarantor of the Constitution and fundamental rights.