Análise pragmática de acórdãos proferidos em habeas corpus: garantismo e antigarantismo nos julgados do Tribunal de Justiça do estado de Alagoas

Abstract

This paper is a pragmatic analysis of judgments of the Alagoas State Court of Justice delivered on habeas corpus, with the goal of identifying a penal guaranteeist bias , with a preponderance of protecting the fundamental rights of individuals at the expense of social rights. The research aims to answer the following questions: Has Alagoas State Court of Justice, in its final trials (judgments) given on habeas corpus, a guaranteeist bias, an antiguaranteeist bias, or no definite bias at all? The objective of this paper is to describe and evaluate the activity of the Alagoas State Court of Justice and its interaction with the criminal phenomenon, as well as its meaning on the right to freedom of the individual accused of committing the crime. Fifty-nine judgments of the Alagoas State Court of Justice, during the years 2008, 2009 , 2010, 2011 and 2012 were gathered, upon which a pragmatist method was applied, through a protocol content analysis so as to warrant a step by step review of the research work. The judgments were categorized as either guaranteeists or antiguaranteeists, the latter term used to encompass all other doctrinal currents of thought other than penal guaranteeism (and not as antagonistic to penal guaranteeismo proper) . Subsequently, the trials were recorded and examined under the prism of the theoretical categories of penal guaranteeism as well as other currents of thought of penal law, namely systemic functionalism , suggesting , at the end , the adoption of various flavors of criminal policy in a more pronounced way.