As controvérsias acerca da utilização da suspensão de liminar em matéria penal

Abstract

This research aims to establish a connection between Law No. 8.437/1992, which provides for the granting of precautionary measures against acts of the Public Power; Law No. 12.016/2009, which regulates the individual and collective writ of mandamus; the Code of Criminal Procedure and the Federal Constitution of 1988. By establishing this connection, it is intended to demonstrate whether or not there is constitutionality of the Suspension of Injunction in criminal matters. In addition, it will also be addressed who has the jurisdiction to judge the Suspension of Injunction. The Law a priori deals with administrative matters, with no express use for criminal matters. However, there are some cases in which the case files dealt with the Suspension of a preliminary injunction in criminal matters, such as that of André do Rap (Habeas Corpus no 191836/SP and the Suspension of Injunction No. 1395/SP) and that of Nightclub Kiss (SL 1.504/RS), so that they will also be the subject of this research, with emphasis on a deeper understanding of the aforementioned judgments and the grounds used.