The Constitutional Principle of habeas corpus in Portuguese Canon Law

Authors

  • José Domingues Universidade Lusíada

DOI:

https://doi.org/10.17811/hc.v0i16.392

Keywords:

habeas corpus, insurance letters, canon Law.

Abstract

Portuguese insurance letters are increasingly considered as one of the oldest legislative-legal traditions of the constitutional principle of habeas corpus and simultaneously a cusp of the Portuguese legal culture. During the five centuries of its effective validity they ramified into two typologies: civil insurance letters, under the aegis of monarchical Civil Justice, and canonical insurance letters, under the aegis of the ecclesiastical Justice of the church. In respect to the latter, this study intends to leave here a first approach and simple support, mainly from the legislative treatment provided by the various Portuguese Synodal Constitutions, which was compared with the concordant civil legislation.

Enviado el (Submission Date): 12/11/2014
Aceptado el (Acceptance date): 3/01/2015

Author Biography

José Domingues, Universidade Lusíada

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.

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Published

2015-09-09

Issue

No. 16 (2015): Historia Constitucional N. 16 (2015)

Section

Portugal and Brazil

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