O habeas corpus e a limitação de sua utilização pelo militar / O habeas corpus e a limitação de sua utilização pelo militar

AUTOR(ES)
DATA DE PUBLICAÇÃO

2001

RESUMO

The story of Habeas Corpus has always been attached to the conquest of the right of freedom and it has been recently recognized in historic terms as a right that belongs to all mankind. So, since the Constitution forecasts Habeas Corpus as a guarantee to all rights, reaching even foreigners living in the country, it seems unreasonable that another article of the same Constitution ( 142, 2 ) may restrict its use, concerning military affairs. Our intention is to prove that this restrictive article is in opposition to the other. A historical approach of Habeas Corpus, its importance to guarantee a fundamental right, the nature of military punishment and the possibility of restriction concerning to freedom are detached in this academic work in order to support our main idea. It is our point that there is a kind of contradiction involving both articles of our Constitution. Habeas Corpus is a feature that not only restricts the use of this constitutional measure by military people, but maculate the constitutional principle of equality as well, creating a kind of subclass or a second class of citizens. In a few words this is the main concerning of this master thesis

ASSUNTO(S)

código de processo penal militar punições disciplinares militares direito habeas corpus

ACESSO AO ARTIGO

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