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

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

Downloads

Published

2013-06-20

Issue

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

Section

Portugal and Brazil

License

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
  4. Journal can use the published works for future publications.
  5. Authors must inform the journal of later publications of their text.