The guarantee of public order as a basis for denying habeas corpus in the courts of justice of Mato Grosso do Sul and Rio de Janeiro during the covid-19 pandemic

Abstract

This chapter presents results of a research project developed within the scope of a larger project, entitled “Federal Asymmetries in Times of Covid-19: Diagnoses and Impacts of Recommendation No. 62 of the CNJ in Mato Grosso do Sul, Rio de Janeiro and Rio Grande do Sul”, approved by Capes Notice 12/2021. To this end, quantitative and qualitative data on habeas corpus petitions filed with the Courts of Justice of the three states between 2020 and 2022 were collected and analyzed. In this work, we will present an analysis of habeas corpus petitions filed with the Courts of Justice of Mato Grosso do Sul and Rio de Janeiro, with a focus on the judgments in which the “guarantee of public order” was used as a basis for denying the requests. Thus, the work seeks to reflect on the recurring use of this indeterminate category of Law in an extraordinary context such as that of the Covid-19 Pandemic in Brazil. From the analysis of the full content of the habeas corpus writs, it was possible to conclude that the indiscriminate and generic uses of the guarantee of public order by the courts studied reveal more about criminal policy ideologies than legal provisions, which results in violation of rights and more incarceration.