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habeas corpus

Habeas Corpus is the legal measure through which the freedom of the individual is guaranteed. The granting of habeas corpus happens every time someone is arrested. It can also be granted when someone has reason to believe that they will suffer violence or have their freedom to come and go repressed, due to illegality or abuse of power.

 

Any illegality practiced by an authority that deprives the individual of freedom of movement can be fought by habeas corpus. There are two types of habeas corpus, the release and the preventive.

 

The most common is the Habeas Corpus Liberatory, which is proposed with the purpose of interrupting the illegal constraint suffered by an individual, that is, taking him out of prison, setting him free. The Preventive Habeas Corpus can be proposed for the purpose of preventing an individual from being arrested, that is, avoiding an abuse of power when there is adequate grounds. There is no deadline for proposing habeas corpus, which can be filed at any time.

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