FEBRAC v. President of the Republic

Writ of Security 22132-1 (Rio de Janeiro) MS-22132 (1996)

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FEBRAC v. President of the Republic

Brazil Supreme Court
Writ of Security 22132-1 (Rio de Janeiro) MS-22132 (1996)

Facts

FEBRAC (plaintiff) was an organization that represented numerous maintenance companies. FEBRAC petitioned the Brazil Supreme Court for a writ of security, also known as a writ of protection, against the president of Brazil (defendant), alleging that new laws converting the official currency from cruzeiros to reais violated the contractual rights of its members. Specifically, FEBRAC alleged that the new laws decreased the value of its members’ contracts. The government challenged FEBRAC’s standing to bring the petition for the writ of security on behalf of its members, and the government further argued that the petition for writ of security could not be used to challenge laws in the abstract.

Rule of Law

Issue

Holding and Reasoning (Velloso, J.)

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