Post by messi05 on Jan 22, 2024 5:08:03 GMT
This Wednesday with the title In defense of habeas corpus . Judges have a paradoxical relationship with freedom. On the one hand, they are defenders of order: only a judge's written and reasoned order legitimizes someone being kept in prison (article 5, LXI, of the Constitution). On the other hand, they are defenders of freedom: whenever the law admits freedom, the judge's obligation is to ensure it (article 5, LXVI, of the Constitution). Brazil is a violent and corrupt country. Society calls for reaction, even if symbolic, especially in the face of blood crimes and corruption.
It is no surprise that decisions that favor Buy Phone Number List order, determining incarceration, are well regarded by the public. On the other hand, decisions that affirm freedom are unpopular. The judge is also a member of society and, as such, shares the collective feeling. Even so, when determining imprisonment, you must follow the law to the letter, avoiding incarceration beyond what is necessary. Among other ways, the legal system expresses the preference for freedom through the action of habeas corpus (HC), a constitutionally foreseen procedural route, designed to ensure freedom, and can be proposed by any of the people to end an undue arrest.
The habeas corpus is equally valued by the courts, whether it is written by the established lawyer, on special letterhead paper, or by the prisoner himself — or his relatives — on notebook paper. The HC ends up being the means to curb misinterpretations and even abuses in prison. This characteristic of defending freedom makes it quite unpopular among those who advocate excessive punishment, generating reactions aimed at limiting its use. One of the bills prepared by the Federal Public Ministry in the campaign entitled Ten Measures against Corruption sought precisely to reduce the power of the courts to grant habeas corpus.
It is no surprise that decisions that favor Buy Phone Number List order, determining incarceration, are well regarded by the public. On the other hand, decisions that affirm freedom are unpopular. The judge is also a member of society and, as such, shares the collective feeling. Even so, when determining imprisonment, you must follow the law to the letter, avoiding incarceration beyond what is necessary. Among other ways, the legal system expresses the preference for freedom through the action of habeas corpus (HC), a constitutionally foreseen procedural route, designed to ensure freedom, and can be proposed by any of the people to end an undue arrest.
The habeas corpus is equally valued by the courts, whether it is written by the established lawyer, on special letterhead paper, or by the prisoner himself — or his relatives — on notebook paper. The HC ends up being the means to curb misinterpretations and even abuses in prison. This characteristic of defending freedom makes it quite unpopular among those who advocate excessive punishment, generating reactions aimed at limiting its use. One of the bills prepared by the Federal Public Ministry in the campaign entitled Ten Measures against Corruption sought precisely to reduce the power of the courts to grant habeas corpus.