Rio de Janeiro Law School indicates growth of Habeas Corpus lawsuits

Research funded by the Secretariat of Legislative Affairs of the Ministry of Justice and Ipea, and made by Rio de Janeiro Law School indicated unpublished data on the jamming of Habeas Corpus lawsuits (HCs) in Federal Courts. Results ? released on May 16 at the People's Court in the Palace of Justice in São Paulo and on May 20 at the Federal Council of the Brazilian Bar Association (OAB) in Brasília ? prove that a significant number of HCs that reach the final instances derive from lawsuits aimed exclusively to understandings already adopted by the Federal Supreme Court (STF) and the Superior Court of Justice (STJ), but that are not followed by lower instances.According to the coordinator Thiago Bottino and research assistant Ivar Hartmann ? both professors at Rio de Janeiro Law School ? it is important to preserve the use of HC as a mechanism to protect the freedom of citizens and guarantee more equality in law enforcement. ?On one side, it was verified that a significant part of legal issues taken to superior courts is due to the fact that second instance courts do not apply the precedents or understandings settled by STJ and STF. In this case, it is recommended the edition of binding precedents?, explains Bottino.The study was made with approximately 14 thousand cases, from 197 thousand HCs of STJ and STF, judged from 2008 to 2012, and resulted on the proposition of editing precedents to reduce the number of lawsuits at superior courts.Click here and learn more about the research (available only in Portuguese).
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