Origins of principle of «habeas corpus» in the portuguese pre-constitutionalism

Authors

  • José Domingues Universidade Lusíada do Porto

DOI:

https://doi.org/10.17811/hc.v0i14.363

Keywords:

habeas corpus, freedom, insurance letters

Abstract

This work aims to bring to the fore a defense mechanism that has been little studied and reveals an age-old rooted in the medieval Portuguese law against the arbitrariness and illegality of the preventive detention during the course of the judicial process. They are called insurance cards – -which may call themselves as Portuguese habeas corpus  -  that were in force in the territory of Portugal since the second half of the thirteenth century, at least until the year 1830.
Fecha envío / Submission date:15/03/2013 Fecha de aceptación / Acceptance date: 23/04/2013

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Author Biography

José Domingues, Universidade Lusíada do Porto

Professor da Faculdade de Direito na Universidade Lusíada do Porto; doutorado pela Universidade de Santiago de Compostela, com o tema «As Ordenações Afonsinas – Três Séculos de Direito Medieval (1211-1512). Tem publicado diversos trabalhos no âmbito da História do Direito Português.
Historia Constitucional

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Published

2013-06-20

Issue

No. 14 (2013): Historia Constitucional N. 14 (2013)

Section

Portugal and Brazil

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