Aspectos Jurídicos do harbeas corpus no ordenamento constitucional Brasileiro: proteção ao direito de locomoção do cidadão.

Abstract

The intention o f this article was o f demonstrating that the habeas corpus is an institute that is devoted to safeguard every human being freedom that suffers embarrassment, or abuse of power, or that is in the imminence of suffering him/it. Protecting like this, your right o f going, to come and to be. Anybody can request the juridical institute of the habeas corpus, besides your own beneficiary, tends or not capacity postulatoria, being able this to be larger or smaller, national or foreign, since it is suffering or in the imminence of suffering an illegal embarrassment, because this is a fundamental right o f the person. The legal entity can petition him/it, however you/he/she cannot be petitioned to your favor, because you/he/she lacks him/her the ambulatory freedom that the habeas corpus tutors. The habeas corpus can be preventive or liberatorio. The first can be petitioned when there is threat to the locomotion freedom. The second when the patient is already suffering the violence or coercion in your ambulatory freedom. It is true popular criminal procedure, being subject the same procedibilidade conditions the one that the public and private criminal procedures is subordinated: juridical possibility o f the request, interersse o f acting, legitimacy ad cause.