The monetary enforcement of a judgment
in a writ of mandamus proceedings: past pecuniary effects
Name: LETICIA ROLDI PASSAMANI
Publication date: 21/05/2026
Examining board:
Name |
Role |
|---|---|
| MANTOVANNI COLARES CAVALCANTE | Examinador Externo |
| RODRIGO REIS MAZZEI | Examinador Interno |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
| TIAGO FIGUEIREDO GONCALVES | Presidente |
Summary: This dissertation investigates the possibility of pecuniary enforcement of judgments rendered
in mandado de segurança (writ of mandamus) with respect to amounts accrued prior to the
filing of the action, traditionally referred to as “retroactive pecuniary effects.” At both the
jurisprudential and statutory levels, particularly through Brazilian Supreme Federal Court
(STF) precedents (Súmulas 269 and 271) and Article 14, §4 of Law No. 12,016/2009. It has
become established that mandado de segurança is not an appropriate procedural avenue for
seeking restitution of amounts unduly paid or withheld by the State prior to the initiation of
proceedings. This prevailing understanding, however, rests on assumptions that warrant
reassessment in light of the Constitution and the contemporary model of civil procedure. The
study is situated within the research area “Justice, Procedure and Constitution” and the
research line “Procedure, Techniques and Protection of Existential and Patrimonial Rights” of
the Graduate Program in Procedural Law at the Federal University of Espírito Santo. It
develops a critical analysis of mandado de segurança as a special procedural mechanism
aimed at ensuring the effective protection of rights. The central hypothesis is that pecuniary
enforcement of retroactive amounts is legally admissible, whether through the formulation of
a condemnatory claim or pursuant to Article 515, item I, of the Brazilian Code of Civil
Procedure (2015). Beyond its general objective, namely, to assess the feasibility of enforcing
mandado de segurança judgments with respect to amounts accrued prior to filing the
dissertation pursues the following specific objectives: (i) to identify the constitutional
foundations of mandado de segurança; (ii) to examine its legal nature as both a constitutional
guarantee and a special procedure; (iii) to define the concept of “clear and certain right”
(direito líquido e certo) and its implications for judicial cognition; (iv) to analyze the
relationship between rights protection and decision-making techniques within mandado de
segurança; (v) to examine the legislative and jurisprudential evolution concerning retroactive
pecuniary effects; and (vi) to propose a model of enforcement consistent with the
constitutional framework of the institute and the broader constitutional model of procedure.
The dissertation concludes that mandado de segurança does not possess an
“anti-condemnatory” nature. Pecuniary enforcement is therefore admissible, provided it is
grounded in pre-constituted documentary evidence capable of supporting full and exhaustive
judicial cognition secundum eventum probationis, in compliance with adversarial principles.
Such enforcement may take place either through a condemnatory claim or pursuant to Article
515, item I, of the Code of Civil Procedure, with the possibility, where necessary, of
subsequent liquidation of the quantum debeatur. The proposed approach seeks to redefine the
contours of mandado de segurança, restoring its original function as a mechanism for the
prompt and effective protection of rights, in accordance with the constitutional model of
procedure.
