Module 5
Rights, citizenship and constitutional remedies: fundamental and social rights, nationality and foreigners, habeas corpus and the mandado de segurança, administrative law and public integrity
The Constitution of 1988 begins with rights. Article 5 guarantees life, liberty, equality, security and property to Brazilians and foreigners resident in the country, and lists dozens of specific guarantees. Articles 6 and 7 add social rights, such as education, health, work and housing. A set of special remedies protects these rights: habeas corpus for liberty, the mandado de segurança against unlawful acts of authority, habeas data for personal information, the mandado de injunção where a missing regulation blocks a right, and the ação popular for public assets. Nationality, immigration, administrative law and anti-corruption rules complete the picture of how a person deals with the state.
This course explains the law of Brazil, not US law. Rules that look the same elsewhere may be different.
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See what is included in the Courses & AI Lab Pass →General education on the law of Brazil, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the authority and the state concerned. It does not offer legal representation or a legal opinion on any case. Consult a Brazilian lawyer for any real matter.
This course was written on 6 November 2026. To the best of our knowledge, it describes the law of Brazil as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.
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