Jurisprudência defensiva no Superior Tribunal de Justiça e o cerceamento de defesa no julgamento de Habeas Corpus.

Abstract

This work analyzes the receiving, processing and judging of habeas corpus in the brazillian Superior Court of Justice. Considering the electronic judicial process and the historical and informal nature of habeas corpus, the severe increase in cases, in absolute numbers, was confronted with the concepts of defensive jurisprudence and judicial activism. The intention was to measure, through the analysis of precedents and the Jurisprudence in Theses Edition nº 36 of the STJ, if it exists a jurisprudential movement to narrow the girth of the constitutional remedy, restricting the due process of law to compensate for the qualitative and numerical incapacity of the Judiciary. After historical, doctrinal and jurisprudential analysis, it was verified the existence of a filtering mechanism, with the impossibility of harming the defendant due to state inefficiency, demanding a Judiciary numerical expansion and training courses for magistrates in the criminal area.