The presiding judge of the Madeira District, Paulo Barreto, confirmed today that a request for habeas corpus from a Madeiran woman forced to go into quarantine at the Vila Galé hotel in Santa Cruz, has been filed. Furthermore, he advised that the presiding judge, Susana Mão de Ferro, has not yet made her ruling.
It should be noted that the Constitution of the Portuguese Republic gives a maximum period of eight days for the decision of the habeas corpus.
What is habeas corpus?
When someone claims habeas corpus he/she is asking for their constitutional right of freedom to be restored.
In Latin, the term habeas corpus means “that you have your body” and this right is enshrined in the Constitution of the Portuguese Republic of 1976, revised in 2001, in article 31 (habeas corpus due to illegal detention).
It defines this article as such:
1. Habeas corpus can be used against the abuse of power, by virtue of illegal imprisonment or detention,citizens have the right to apply to the competent court;
2. The provision of habeas corpus may be requested by the citizen himself or by any citizen in the enjoyment of his political rights;
3. The judge will decide within eight days the request for habeas corpus.
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