As the situation of the case is regulated by the collective norm, Precedent 109 does not apply to the specific case. The judge explained that the legislation allows social actors to define . "Eventual mischaracterization of the fiduciary nature of these positions, due to a court decision, may imply natural compensation for the amounts paid under that assumption."With the increase in the number of Habeas Corpus and the difficulties involving the trials of extraordinary and special appeals in the Federal Supreme Court and the Superior Court of Justice.
The use of the heroic remedy to establish precedents in the criminal field is a trend that, as Everything indicates that it is here to stay. Gervásio Baptista/SCO/STF Supreme Court may establish thesis in HC against discriminatory personal searches Gervásio Baptista/SCO/STF Last month, for example, the STF began judging the case of a man arrested for drug trafficking after being caught with 1.53 grams of cocaine. The case's rapporteur, Minister Edson Fachin, voted to grant the HC and establish the thesis that police se Chinese American Phone Number List arches motivated by the color of the target's skin (in this specific case, a black man) render the evidence null and void. At the time, he stated that "even though it is a Habeas Corpus action, the establishment of a thesis in a writ is not foreign to the Plenary" of the court. Most of the votes cast so far differ from the minister, rejecting the HC. The judges, however, were open to establishing a thesis against discriminatory searches.
Even if it does not apply to the specific case. Episodes like this are not new to the Supreme Court and the STJ. Scholars on the subject and ministers from higher courts consulted by the electronic magazine Consultor Jurídica state that the definition of jurisprudence in criminal matters primarily through HCs is already a reality, whether or not theses are established. The topic is thorny. There are those who say that this is a good path, but there are also those who consider the HC to be an inappropriate means for consolidating qualified precedents. According to Sebastião Reis Júnior , minister of the STJ, today Criminal Law is much more debated in HCs than in special and extraordinary resources.