A term often used in the criminal sphere of law is the habeas corpus, Latin expression that means “May you have the body”. In fact, habeas corpus is completely called habeas corpus ad subjiciendun, as that was how the writings began asking for the release of an inmate in the Middle Ages.
term origin
The term was made official in 1215, when it was imposed on the king João Sem Terra, a Magna Carta Libertatum, limiting the real powers and initiating the process of origin of constitutions throughout history.
Legal action officialization and validation
habeas corpus is a constitutional guarantee granted. According to Constitution, the guarantee “benefits those who suffer or are threatened with violence or coercion in their freedom of movement, due to illegality or abuse of power”. In Brazil, the first code to recognize this legal instrument of individual protection was the Brazilian Constitution of 1891.
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This instrument can be requested by anyone who feels that their right to liberty is being violated
. To write a habeas corpus, a lawyer is not required. This mechanism is informal in nature, as no document is required to apply for it, even more so that habeas corpus can be filed on any single sheet of paper.The person who is being threatened with their rights to freedom cannot directly claim their habeas corpus, but the guarantee can be made by any third party, even without any authorization from the accused. Normally, whenever habeas corpus is presented to a judge, an injunction is issued returning the prisoner to the streets, so that he can respond to the process in freedom.
By James Dantas
Brazil School Team
Curiosities - Brazil School
Would you like to reference this text in a school or academic work? Look:
DANTAS, James. "What is habeas corpus?"; Brazil School. Available in: https://brasilescola.uol.com.br/curiosidades/o-que-habeas-corpus.htm. Accessed on June 27, 2021.
