Non-compliance with Collective Habeas Corpus 143.641/SP in the Court of Justice of Rio Grande do Sul: an analysis of the argument “trafficking in residence” as a common ground for denials

Abstract

This article seeks to carry out a study about the application of Collective Habeas Corpus 143.641/SP by the Court of Justice of the State of Rio Grande do Sul (TJRS). The Habeas Corpus had as a decision handed down by the Federal Supreme Court the determination of the replacement of preventive detention by house arrest of pregnant women, nursing mothers and mothers of children up to 12 years old or people with disabilities. However, after four years of the decision of the Federal Supreme Court, the judicial decisions maintain the deprivation of liberty of these women and the Court of Justice of Rio Grande do Sul ratifies these decisions. From the proposed study, an analysis was carried out about the allegation of drug dealing in the residence, used as a common argument to reject the judgments in the Court of Justice of the State of Rio Grande do Sul on the replacement of the prison regime. The research points to persistence to the magistrates' resistance to maintaining preventive arrests for reasons such as drug dealing in the residence and, thus, contributing to mass incarceration and the rupture of the family bond of these women with their children.