CRIMINAL JUDICIAL ACTIVISM AND THE REGULATORY FRAMEWORK: THE MANDATORYITY OF POLICE FILMING IN HABEAS CORPUS 598.051/SP (STJ)
Abstract
This article, through the hypothetical-deductive method, seeks to study those used by the Superior Court of Justice not judged by Habeas Corpus n. 598,051, highlighting the mandatory establishment in the vote of the rapporteur, Rogério Schietti Cruz, so that within the last year the police equipment, in order to film the operations, a way of validating the resident's consent. In the end, after refuting the reasons raised for not deciding, it is concluded that the episode can be framed as an activist, insofar as the arguments presented by the minister extrapolate the processes and materials, betting on an area that intends to be reserved for criminal policy. of the States and the Union.
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