“HABEAS CORPUS”: RECENT LEGISLATIVE CHANGES AND APPLICATION OF THE INSTRUMENT
This study analyzes habeas corpus as an autonomous action of challenge, highlighting its relevance in the defense of citizens in a Democratic State of Law. The work investigates its historical origin and the impacts on the protection of freedom, in addition to its application in the Brazilian legal...
| Auteurs principaux: | , |
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| Format: | Online |
| Langue: | Português |
| Publié: |
TJDFT
2025
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| Accès en ligne: | https://revistajuridica.tjdft.jus.br/rdj/article/view/1114 |
| Résumé: | This study analyzes habeas corpus as an autonomous action of challenge, highlighting its relevance in the defense of citizens in a Democratic State of Law. The work investigates its historical origin and the impacts on the protection of freedom, in addition to its application in the Brazilian legal system. The analysis focuses on the hypotheses of fit in the higher courts and the changes introduced by Law n. 14.836/2024. The research questions the imbalance between the lack of knowledge of this constitutional remedy, the “habeas corpus”, to reduce the excess of lawsuits in the Judiciary and the mitigation of the protection of freedoms. Based on bibliographic research, analysis of legislation and jurisprudence, it is concluded that the formal aspect cannot override fundamental rights, and a solution is needed to avoid hermeneutic manipulations that harm these rights. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v116i00.1114 |