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| Author(s): |
Carolina Trevisan de Azevedo
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Ribeirão Preto. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito de Ribeirão Preto (FDRP) |
| Defense date: | 2022-12-12 |
| Examining board members: |
Camilo Zufelato;
Eloisa Machado de Almeida;
Gustavo Henrique Righi Ivahy Badaró;
Susana Henriques da Costa
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| Advisor: | Camilo Zufelato |
| Abstract | |
In the midst of the current risk society, collective violations of the right to freedom demand the existence of an instrument capable of protecting this fundamental right collectively, guaranteeing greater isonomy to judicial responses in similar situations. In this context, from the Brazilian redemocratization process, with the strengthening of the Judiciary and social movements, the construction of the Collective HC has been gaining strength. Despite the absence of express provision about the collective modality of the HC, this instrument has been gaining ground in jurisprudence, with HC 143,641 being an important milestone due to the complexity of the discussions brought about, in addition to debuting the recognition of the Collective HC by the STF. The doctrine has produced numerous reflections about the appropriateness of the measure, which we seek to gather, adding our considerations, under the gaze of access to justice and the current context of a pandemic (Covid-19). To form this theoretical basis, we opted for a literature review. Our general objective, however, is focused on the practice of the Collective HC (empirical research): to understand how, in the Higher Courts, the criteria for knowledge and application of this instrument have been constructed after HC 143.641 until we complete two years of the health crisis. The interpretation of the data, carried out through Content Analysis, aimed at building inferences in comparison with our theoretical basis, allowed us to observe that: despite the advances in the sedimentation of the Collective HC, with important decisions, there are still, in a applicant, a restrictive interpretation of the instrument, with vague criteria. From the analysis of our sample, we highlight: the demand for further reflections about the active legitimacy to file Collective HC\'s; and the necessary maturing in the formation of self-executing decisions, with monitoring mechanisms and the adoption of dialogic instruments throughout the process. (AU) | |
| FAPESP's process: | 20/16380-0 - 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 |
| Grantee: | Carolina Trevisan de Azevedo |
| Support Opportunities: | Scholarships in Brazil - Master |