Habeas corpus preventivo nas comissões parlamentares de inquérito.

Abstract

With the discovery of various corruption schemes in our country, the number of parliamentary commissions of inquiry has increased significantly, and the use of habeas corpus constitutional remedy, in its kind of preventive habeas corpus, has gained prominence in the current legal system. Habeas corpus is one of the first individual guarantees of man, being constitutionally enshrined, and with the purpose of saving the right to individual freedom to come, go and stay. Thus, we seek to analyze the issue of the use of preventive habeas corpus in parliamentary commissions of inquiry in the face of the Brazilian legal system. In doing so, through the reading of doctrine pertinent to the subject, legislation and virtual texts useful for the development of research that may reduce the controversy in the face of the various interpretations given to the matter, which, being in the focus of the current legal discussion, has firmer positions and a doctrinal and jurisprudential consensus that brings legal certainty to the order. At first, an approach is made about habeas corpus, from its emergence in England, until its arrival in the homeland law, advancing to the present day. In order to discuss the subject, it is necessary to analyze the main characteristics of the heroic medicine, concept, modalities, species, among others. In a second step, the requirements for the admissibility of habeas corpus, active and passive legitimacy, legal possibility of the request and the interest to act are analyzed. Subsequently, following this line of reasoning, the writ of habeas corpus hypotheses are analyzed, which are listed in article 648 of the Code of Criminal Procedure. Still in this second stage, an introduction is made about the parliamentary commissions of inquiry, concept, legal provision, competence, among others. And closing this line of research, the appropriateness of the preventive habeas corpus used by those summoned to testify in parliamentary commissions of inquiry is addressed. For this, it was necessary to analyze the competence over the introduction of habeas corpus in the face of a CPI. The performance of the Supreme Federal Court and its current position on the appropriateness of the preventive habeas corpus. Thus, it is concluded that the use follows the legal precepts of the legal system, however it is clear that the use of the preventive habeas corpus in the CPIs, is nothing more than a maneuver for the testimony to be made as indicted and not as a witness, so the deponent gets rid of the term of commitment, which is to speak the truth. It is summed up in an omission to the truth, leaving the interviewee free to provide all necessary clarifications, safeguarding the right to silence and avoiding creating evidence against him. The methodology used in the elaboration of this research, was the historical-evolutionary, exegetical-legal, as well as researches in doctrines and articles of Internet.