The jurisprudential construction of knowledge and application criteria for the Collective HC: a qualitative analysis aimed at Superior Courts from the framework of Habeas Corpus 143.641/STF

• Grant number: 20/16380-0
• Support Opportunities: Scholarships in Brazil - Master
• Start date: March 01, 2022
• End date: November 30, 2022
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Camilo Zufelato
• Grantee: Carolina Trevisan de Azevedo
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The project has the following question as a research problem: How have the criteria of the Collective Habeas Corpus (HC) been constructed in the Superior Courts and Courts of Justice in the southeastern region after HC 143.641 / STF? This is a problem related to the answer of jurisprudence to the need for an instrument capable of collectively protecting the right to freedom of movement, subjected to increasing violations, which are gaining more and more collective outlines, as in the current scenario regarding the pandemic caused by new Coronavirus. In the absence of a legal prescription regarding the measure, HC 143.641 stands out as a milestone, for turning to the prison system and having been judged by the STF, which recognized its validity, with effects for the entire national territory. The general objective of the research is to analyze the criteria used by the jurisprudence to apply the Collective HC, focusing on the Superior Courts and Courts of Justice of the southeast region, after HC 143.641, being operationalized by the specific objectives: a) To carry out a bibliographic review in themes related to the research problem, such as: collective process, collective criminal process and access to justice; b) Conduct a survey of the Collectives HC's filed after HC 143.641, in order to establish an initial analysis field subject to further delimitations; c) Elaborate analysis categories that allow the construction of inferences in a logic of connection between empirical field and constructed theoretical framework. It is an empirical research, of qualitative nature and with lifting of judicial decisions of Collectives HC's. As a way of analyzing the results, at first, the research will rely on data collection and content analysis strategies. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

AZEVEDO, Carolina Trevisan de. The jurisprudential construction of knowledge and application criteria for the HC Coletivo: a qualitative analysis aimed at the Superior Courts from the framework of HC nº 143.641/STF. 2022. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito de Ribeirão Preto (FDRP) Ribeirão Preto.