Habeas Corpus no Tribunal de Justiça do Estado da Bahia: uma abordagem quantitativa por meio da jurimetria dos processos distribuídos entre janeiro e setembro de 2024.

Abstract

This study aims to understand how the Court of Justice of the State of Bahia judges the Habeas Corpus within its jurisdiction. To this end, a case study was carried out encompassing the public proceedings effectively distributed between January and September 2024. The research adopted a descriptive methodology, addressing the bibliography and pertinent legislation on the subjects initially addressed: jurimetrics, Habeas Corpus and data publicity. Subsequently, an exploratory methodology was adopted with the quantitative analysis of the data collected, resulting in a database with more than 3 thousand cases. The results indicate a marked trend towards the denial of the requested preliminary injunctions, with an average percentage of close to 3% of deferral, and a low percentage of variation among the Judges. As for the final judgment, the trend of non-granting was maintained, however, in a lower percentage than that of the preliminary injunctions, with approximately 14% of concession, and with greater variation among Judges, judging panels, gender and professional background of the magistrates. The analysis identified the 1st panel of the 1st chamber as the most homogeneous in its decisions, while the 2nd panel of the 1st chamber and the 1st panel of the 2nd chamber demonstrated greater variation in judgment, internally and with the general average, with the first having a greater tendency to grant and the second with a lower tendency. The importance of the Rapporteur for the outcome of the case was also highlighted, regardless of the panel belonging to it. The study did not identify a proportional correlation between the preliminary injunction grant rates and the final decision grant rates among judges, nor did it have information and data capable of specifying the reason for the occurrence of variation between gender and position of origin of the Justices. Therefore, the study contributes to the transparency and understanding of the patterns of judgments carried out by the court on the topic addressed and within the specified time frame.