A jurisprudência do superior tribunal de justiça em casos de prisão preventiva no ano de 2021: crimes econômicos e crimes comuns / The jurisprudence of the superior court of justice in cases of preventive detention in 2021: economic crimes and common...

Abstract

The present article intended to formulate an empirical analysis regarding the granting of the writ of habeas corpus in the 5th and 6th Chambers of the Superior Court of Justice in the year of 2021, differentiating the accusations of economic crimes and of common crimes. Initially, the study made the differentiation of these two types of criminality, indicating a post-industrial historical panorama and presenting their points of similarity and difference. Later, it was debated about the writ of habeas corpus and it’s use to restrain illegalities perpetrated by the ordinary courts. Finally, based on the research made in the STJ’s system, the article examined 1.346 decisions made in the period of time between 2021/01/01 and 2021/12/31 with the criteria of search “habeas corpus preventive detention freedom”, by both Chambers that judge the criminal matters. Considering the numbers collected, important correlations were established regarding the treatment granted to the crimes, significant observations were noted about the decisions made by the ordinary courts and the article concluded about a panorama on
the challenges and main controversies regarding the treatment established by the STJ in the granting of the writ of habeas corpus depending on the criminal context in which the preventive detention was ordered.