This paper analyzes the conception of popular actions and restraints in the Brazilian civil codification process of xix century, specifically the roman actions created for the preservation of some res publicae. It tries to figure out the thought of Teixeira de Freitas, editor, among others, of the Esboco de un Codigo Civil para o Brasil and understanding why, being in favor of them, he did not include it. On his part, the editor of the Brazilian Civil Code of 1916, Clovis Bevilaqua, was not in favor of these instruments, especially influenced by european pandectists and some Italian attorneys.