Análise do Habeas Corpus n. 143.641/SP, julgado pelo Supremo Tribunal Federal em 2018, concessivo de prisão domiciliar a todas as mulheres gestantes, puérperas ou mães de crianças e deficientes presas preventivamente

• Autor(a) principal: Souza, Eduarda de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6037
• topic: Habeas Corpus; Prisão domiciliar; Supremo Tribunal Federal

This undergraduate thesis aims to analyze the fundamentals adopted by the Federal Supreme Court in the trial of Habeas Corpus n. 143.641/SP, and listing the changes suffered in the Brazil legal system due to its applicability, seeking to discourse the concepts about habeas corpus, its historical origin, the hypotheses, the normative forecast and habeas corpus species introduced into the Brazilian legal system, as well as conceptualize and outline the types of prisons applied in Brazil, and demonstrate the applicability of house arrest before and after the emergence of the Early Childhood Statute, and, finally, evidence the fundamentals that were described by the petitioner, as well as the fundamentals for admission and granting to order at Habeas Corpus n. 143.641. For that, the following search methods were adopted: as to the approach, it was classified as qualitative; as to the standard, the survey was exploratory; and, as to the adopted procedure to the data collect, it was bibliography and documental, since the data was obtained indirectly; the documental; and the case study, since it will be analyzed specifically regarding the judgment of the Habeas Corpus n. 143,641. In the main subject, which is about the habeas corpus analysis, it was confirmed, initially, by unanimous vote, that the collective petition was appropriated and, by majority, the order was granted to determine the replacement of preventive detention for house arrest.