A EVOLUÇÃO HISTÓRICA DO HABEAS CORPUS E SUA PRÁTICA NO ORDENAMENTO JURÍDICO VIGENTE

Abstract

The objective of this work is to demonstrate the importance of the constitutional remedy known as Habeas Corpus through its historical evolution and its practice in the current legal order. Despite having undergone several changes throughout history, habeas corpus has never lost its essence, that is, urgent constitutional action to combat the coercion or abuse of power exercised in man's locomotive freedom. Throughout the research for this work, it was verified that currently there are a large number of habeas corpus indications in the Courts. However, many times these habeas corpus have no connection with the essence of writ that is the freedom of locomotion. This abusive and indiscriminate use of habeas corpus, besides leaving aside the ordinary recursal route, may cause the institute to lose its essence and which the Cortes give the real importance to it. With the present work it was concluded that at present the Courts have "beaconed" the impetrations of the habeas corpus, that is, even if it does not have any reasoning the Courts analyze their merit with the objective of curbing the illegal coercion or abuse of power in the freedom of locomotion of man, when there is. Therefore, it is extremely important for legal professionals to know the full trajectory of our "lord" constitutional remedy so that their practice is not trivialized.