Judiciário em tempos de pandemia: um estudo das decisões em habeas corpus do Tribunal de Justiça de Minas Gerais

Abstract

This study analyzes how the Court of Justice of Minas Gerais is positing themselves regarding the Covid-19 pandemic, especially when considering the actions suggested by the National Council of Justice (CNJ). To this end, the habeas corpus decisions were analyzed using quantitative and qualitative methods, to identify the main outcomes, the arguments used for granting or denying the order, as well as the variables that influenced the person being held in custody. The results showed that the recommendations made by CNJ, regarding Covid-19, had little influence on the granting of freedom to those who had been taken into custody, as the number of releases was very low. In addition, the main factors that influenced the decisions were not those that were not the inmate comorbidities or the prison situation, but the subjectivity of judges and their perceptions about the crimes and the pandemic.