This article aims to study the effects of the analysis of evidence by Habeas Corpus in the Brazilian criminal procedure. Will be made a detailed analysis of the Habeas Corpus n(o) 164.493, who confirmed the existence misconduct by former judge Sergio Moro. Besides, will be made a study of the effects caused by the relaxation in the rules for the procedural remedy. For it was decided to analyze the Brazilian legislation and jurisprudence in detail to identify deviations in the instrument use. For this, a comparative, historical and scientific approach was used.