Habeas corpus coletivo

Abstract

This paper seeks to analyze the collective habeas corpus institute in the Brazilian legal system, through the analysis of doctrine and jurisprudence. Despite the lack of a legal provision to support the application of the heroic remedy, the Supreme Federal Court recognizes that the constitutional text provides sufficient basis for its collective modality. However, there is still great disagreement, especially in jurisprudence, about the procedural aspects of the collective habeas corpus. The collective application of the constitutional remedy gives maximum effectiveness to the principles of procedural economics and speed, equality and access to justice, as well as legal certainty. Thus, contemporary society, marked by evident complexities and absurd inequalities, finds in the collective safeguards of individual rights the necessary effectiveness for the protection of citizens' rights.