Habeas Corpus: a real or merely apparent guarantee? | 2017

Author(s) José Luís Gonçalves Lira
Advisor(s) Flávia Noversa Loureiro
Year 2017

Synopsis Habeas corpus is a fundamental right, but it is also a guarantee. It is a fundamental right insofar as it is envisaged as such in the Constitution of the Portuguese Republic, and in view of the goal it proposes. It is also a guarantee because, through it, it is intended to restore another fundamental right: the right to freedom. It is a protector institute, which only comes into play when a citizen sees his freedom being limited, illegitimate. It thus emerges as a safeguard and guarantee of the interests of citizens. In the present study, we sought to understand the operating rules of habeas corpus, and what are their particularities, which distinguish it from any other guarantee mechanism. In an era of widespread disrepute from justice, we have investigated whether this sentiment also hinges on this issue. In short, we have analyzed the most diverse ways of framing habeas corpus, in an effort to detail the problems that can arise, however, always trying to find a possible way of solving these problems. Moreover, we have been able to demonstrate the importance of an institute such as this one that we have today in a modern and democratic society for the defense of the rights and interests of citizens, reviving the memory of those who have forgotten it, and strengthening the expectations of the most skeptical its usefulness and effectiveness.

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2018-07-17T13:57:54+00:00