A função constitucional do habeas corpus em conflito com a impetração excessiva: uma análise crítica sobre a efetividade do writ em um sistema sobrecarregado

Abstract

This study addresses the constitutional function of habeas corpus and the challenges faced in the face of the excessive filing of this heroic remedy in the Brazilian judicial system. The main objective of the research is to critically analyze the function of habeas corpus in the current situation of the Brazilian legal system, in view of the excessive filing, identifying the main causes of the increase in filings and proposing possible solutions to ensure a balance between the protection of individual freedom and the efficiency of the Judiciary. The methodology used was qualitative, with a bibliographical approach from legal scholars, in addition to the analysis of case law and legislation, as well as an analysis of statistical data extracted from the Superior Courts, using as an analytical basis the periods referring to the years 2015, 2018, 2019, 2020, 2023, 2024 and 2025 in the Superior Court of Justice (STJ), as well as the years 2015, 2023, 2024 and 2025 in the Supreme Federal Court (STF), in order to obtain results in a current, but also long-term, cut, to build a more complete analysis. The results indicated that the increase in the filing of habeas corpus is due to judicial slowness, non-compliance with binding precedents and the difficulty in admissibility of appeals within the scope of the STJ and STF. It is concluded that, although habeas corpus is indispensable to ensure individual freedom, the overload generated by indiscriminate use compromises its effectiveness, requiring the adoption of measures that improve the standardization of jurisprudence and the speed of processing of cases.