The Impacts of Collective Habeas Corpus No. 143.641/SP on the Release of Women from Prison and on the Construction of Public Policies through the Judgment of Structural Disputes
Collective Habeas Corpus nº 143.641/SP; unconstitutional state of affairs; microsystem of collective actions; structural process; structural litigation
This dissertation aims to analyze the processing and judgment technique of the collective habeas corpus constitutional action by the Supreme Federal Court (STF) as an instrument to enable the implementation of public policies and the resolution of structural disputes, in particular, through the analysis of the judgment of Collective Habeas Corpus nº 143.641. It will seek to demonstrate the importance of this judgment technique and its repercussions in the realm of public policies, especially for the release of pregnant women, mothers of children under twelve years of age, and people with disabilities, as well as for addressing the deleterious consequences of the unconstitutional state of affairs in the national penitentiary system. These repercussions manifested themselves in the Supreme Federal Court's (STF) judicial decisions, in the legislative branch – with the codification of this decision through amendments to the Code of Criminal Procedure and the Law on Criminal Executions, giving greater force to the guidance established from the judgment of Collective Habeas Corpus nº 143.641 – and in the administrative field, in the formulation of prison policies by the National Council of Justice. These aspects highlight the paradigmatic nature of the judgment of Collective Habeas Corpus nº 143.641 as a structural process from which a relevant decision regarding an important structural dispute emerged.