O cabimento do habeas corpus coletivo na ordem jurídica brasileira

Abstract

Freedom is property inseparable of the human being. Historically, habeas corpus is the instrument to challenge the illegality or coercion of freedom of movement. In most cases, the writ is proposed individually, but social transformations brought with them collective problems, involving groups of people who are affected in their collectivity or diverse persons bound by situations of fact or of law, making the illegality of arrest or coercion a homogeneous offense. The situation is common in the case of prisons of vulnerable groups, hat remain without the effectiveness of their right of access to justice, but not only. For collective cases, one must be at the forefront of guaranteeing freedom of movement. In this sense, it is compatible with the legal system and with the assumptions of collective tutelage of individual and collective rights the admission of habeas corpus collective.