habeas corpus means "that you have your body", and is an expression originating in Latin. Habeas corpus is a legal measure to protect individuals who are having their freedom infringed, it is a right of the citizen, and is in the Brazilian Constitution.
Habeas corpus is also called “judicial or constitutional remedy” as it has the power to stop the violence and coercion that individuals may be suffering. There are two types of habeas corpus: preventive habeas corpus, also known as safe conduct, and liberatory habeas corpus. Habeas corpus condemns administrative acts carried out by any agents, regardless of whether they are authorities or not, judicial acts, and acts carried out by citizens.
Habeas corpus is often an instrument for criminal lawyers to request the release of their client, which is when the person requests to respond to a case in freedom, since habeas corpus is granted in cases where freedom is being prohibited.
Habeas Corpus Preventive
This type of habeas corpus is only granted in a situation that threatens a person's freedom of movement, so it is called preventive. In this case, there is still no fait accompli, it is just to prevent when someone is being coerced or threatened, so the judge issues a safe-conduct.
Liberatory or Repressive Habeas Corpus
The liberatory habeas corpus, also called repressive, aims to remove any kind of illegal constraint on a person's freedom. Habeas corpus is issued by a competent judge or court.
Habeas Corpus and Habeas Data
Both Habeas Corpus and Habeas Data are legal provisions designed to protect a citizen. In the case of Habeas Data, when this is guaranteed, an individual gains access to a database that contains information about him. In addition to having access to this registered and confidential information, Habeas Data grants the right to rectify the information if it is false.
Habeas Data has its legal basis in Art. 5 of the Federal Constitution and Law 9507/97, which states that it has the objective of "ensuring knowledge of information relating to the person of the petitioner, contained in records or database of government or public entities" and also "data rectification, when you do not prefer to do so by confidential, judicial or administrative".
Habeas Data, as a constitutional guarantee, is a preventive and corrective measure. Let's look at the following example: an individual who improperly has his name on the debtor's list of the Credit Protection, you can file Habeas Data against that institution so that the name no longer appears in that institution. record.
Learn more about the meaning of Habeas Data.