O habeas corpus como instrumento de tutela dos direitos da personalidade

Abstract

This research analyzes the legal institute of habeas corpus in the Brazilian civil process, in particular, to survey and validate the hypotheses in which the aforementioned writ procedure can be used in the protection of the protection of personality rights, understood here as those powers that guarantee the physical, moral and intellectual security of the human person. The research is carried out with a focus on the application of civil procedural law from the perspective of the Civil Procedure Code of 2015, through research in the legal literature and judicial decisions. It addresses the definition, procedure and peculiarities of the action of habeas corpus, the concept of personality, personality rights, their normative provisions and forms of legal protection or judicial protection in the event of any threat or injury. Identifies the damages resulting from the affront to the rights of the personality as well as the legal instruments suitable for delivering a correct and effective judicial provision, according to the procedural rights and guarantees placed in the legal system, such as due access to justice, due to legal process, wide defense, contradictory, the freedoms of the subjects of law, legal security. It analyzes the appropriateness and adequacy of the habeas corpus legal instrument for the protection of the essential and basic aspects of the subjects of law, their dignity and personality as fundamental attributes of the person, with a view to confer greater effectiveness and speed in the judicial protection in exceptional situations that demand the satisfaction of substantive law as a matter of urgency, under penalty of losing the object of substantive law if the jurisdiction awaits the processing of the common procedure, therefore, used only when the exceptionality of the measure is properly characterized. The work faces the problem of slowness and lack of effectiveness in the common procedural protection. Based on the methodological cut to delimit research on the personality rights of the natural person, use of the qualitative method, using dialecticity, exposure and refutation of positions, critical analysis of legislation, legal literature and court judgments on the subject, formulates hypotheses and conclusion that the exceptional use of habeas corpus to safeguard civil rights is possible, due to the peculiarities of its procedure and singular application in Brazilian law