The concept of Habeas corpus identifies the right possessed by every citizen who is detained and awaiting an immediate and public appearance before a court or an authority. The judges, upon hearing the testimony of the detainee, determine whether the arrest is legal or illegal and, therefore, can order that it be terminated.
Habeas Corpus, therefore, constitutes a institution of legal order that seeks to avoid arbitrary arrests and that guarantees the personal liberty of the individual. The remedy is usually used to prevent abuses by the authorities since it forces to make known the situation stopped before a judge.
Experts say that Habeas corpus dates back to Roman times, when its objective was to exhibit the free man who was detained by another person. This legal tool, therefore, was focused on cases in which freedom among citizens was violated and not against the decisions of the rulers.
The use of the appeal against the authorities began to be applied in 1305, when the king was required Edward I of England to report the situation of a subject with Liberty restricted.
Specialists emphasize that Habeas Corpus defends and encompasses two important rights: the individual freedom (which assumes that the individual cannot be arbitrarily detained) and the personal integrity (the subject must not be a victim of damage against his person, such as injuries generated by torture, for example).
Freedom and the purposes of Habeas Corpus
Regarding the scope Social, political and legal, possibly one of the most named terms and at the same time with a greater number of meanings is that of Liberty. In the concept of Habeas Corpus, it is also one of the most present words and it is a faculty or perhaps human capacity to act in one way or another being faithful to what the person deems appropriate.
This means that freedom is a space where there are no external constraints or impediments to the full development of an individual; an act that is executed with the absolute control of the faculties on the part of an individual, is an act conceived in freedom.
But it is not a concept to be understood only in an individual sense; it is also a social and political issue. In this way, a person’s actions are judged according to the laws and to the legal context in which they are carried out.
Habeas Corpus is one of the guarantees that regulates the fundamental rights of an individual and depends on a constitutional mandate. In other words, any person who is deprived of his liberty or who feels his safety individual, you can request a judge with jurisdiction in the area in question for a writ of Habeas Corpus through which your freedom is restored.
It is important, before concluding, to make it clear that Habeas Corpus is not a procedure, but a process. Its purpose is to ensure the freedom of a person and the decisions taken from it respond to this requirement.
The purposes of Habeas Corpus are:
* Preventive end: Any person whose freedom may be illegally threatened has the right to request it so that the factor that intimidates them is examined;
* Repair end: the person who is illegally deprived of his liberty may request the rectification of the case in which he is linked and the judge shall restore his liberty;
* Generic end: it responds to those circumstances that are not contemplated in the previous purposes and the affected person may request the rectification of their case if they have been deprived of their freedom or security in illegal ways.