The Constitutional Guarantees

CHAPTER I  THE HABEAS CORPUS, HABEAS DATA AND AMPARO
(Name amended by decree 243/2003)
 
Article 182.- The State recognizes the guarantee of Habeas Corpus or staff, and of Habeas Data. As a result in the Habeas Corpus or Staff, any person aggrieved or any other in behalf of it has the right to promote; and in the Habeas Data can only promote the person whose personal data or relatives in files, public records or private as follows:

1. The Habeas Corpus or staff:

  1. When illegally dam, detained, inhibited in any way in the enjoyment of their freedom; and,
  2. When in his detention or imprisonment legal, apply to the arrested or detained , torment, torture, harassment, levy illegal and coercion, restriction or discomfort unnecessary for his individual security or for the order of the prison.
2. The Habeas Data:
Everyone has the right of access to information on itself or its assets in an expeditious manner and not onerous, is already contained in databases, registers public or private and, in case of that necessary, updating, rectify and/or amend it.

The actions of Habeas Corpus and Habeas Data will be exercised without need of power nor of any formality, orally or in writing, using any means of communication, within hours or days or incapable and free of coasts. Only known of the guarantee of Habeas Data the Constitutional Division of the Supreme Court of Justice, who will have the inescapable obligation to act immediately to stop any violation of the rights of honor, personal privacy or family and the self-image.

The holders of the courts may not discard the action of Habeas Corpus or Staff and also have the inescapable obligation to act immediately to stop the violation of freedom and security personnel.

In both cases, holders of the courts that no longer accept these constitutional actions, liable to criminal and administrative.

The authorities that orders and agents who carry the concealment of the detainee or in any way violate this warranty guilty of the crime of illegal detention.

* Reformed by Decree 243/2003

Article 183.- The State recognizes the guarantee of amparo.

As a result any aggrieved person or any other on behalf of it, has the right to appeal of amparo:

1. For that it be kept or restored in the enjoyment or enjoy the rights or guarantees that the constitution; and

2. In order to declare in specific cases that a regulation, fact, act or resolution of authority, does not oblige the appellant nor is applicable in contravention, decrease or distort any of the rights recognized by the Constitution.

The Appeal for Protection was filed in accordance with the law.

* Reformed by Decree 243/2003
 
CHAPTER II  OF THE UNCONSTITUTIONALITY AND REVISION

Article 184.- Laws may be declared unconstitutional by reason of form or content.

The Supreme Court of Justice is the knowledge and the resolution originating and exclusive in the field and must give the requirements of the final judgments.

Article 185.- declared unconstitutional a law and repeal may be sought, for whom it considers injured in its direct, personal and legitimate:

1. By way of action to be open to the Supreme Court of Justice;

2. By way of exception, which may oppose to any judicial proceedings ; and

3. Also the court that known at any judicial procedure, it may request ex officio the declaration of the constitutionality of a Law and its repeal before passing resolution.

In the cases referred to in the paragraphs 2 and 3), will raise the proceedings to the Supreme Court of Justice following the procedure until the time of the summons for judgment, from which shall be suspended the judicial proceedings of the main issue in pending the resolution on the unconstitutionality.

* Reformed by Decree 243/2003

Article 186.- Any power or authority can take lawsuits pending or open trials closed, except in cases tried in criminal matters that may be reviewed at any time in favor of the prisoners, to request of these, of any person, the Public Ministry or ex officio.

Any person aggrieved that had been a part in the process, or with the right to be called to participate in it, you can sue the revision of judgments in civil matters within a period of six (6) months since the day that having done the last notification was upheld the judgment.

The action of revision shall be exercised exclusively before the Supreme Court of Justice. The law shall regulate the cases and the form of revision.

* Reformed by Decree 243/2003
 
CHAPTER III  OF THE RESTRICTION OR SUSPENSION OF THE RIGHTS

Article 187.- The exercise of rights set forth in articles 69, 71, 72, 78, 81, 84, 93, 99 and 103, may be suspended in glass of invasion of the national territory, serious disturbance of peace, of epidemic or any other calamity general, by the President of the Republic, in accordance with the Council of Ministers, by means of a Decree that contain:

1. The reasons which justify;

2. The guarantee or guarantees that restrict;

3. The territory that will affect the restriction; and

4. The time to run it. In addition to convene in the same Decree to the National Congress so that, within 30 days, should be aware of the decree and ratify, modify or impruebe.

In the event that is met, you will know immediately of the Decree.

The restriction of guarantees may not exceed a period of 45 days for every time you be decreed.

If, before the deadline pointed to the restriction, have disappeared the causes that led to the Decree, it will cease in its effects, and in this case every citizen has the right to urge its revision. The deadline of 45 days, automatically have restored the guarantees, except that it has given new Decree of restriction.

The restriction of guarantees decreed, in any way affect the functioning of the State agencies, whose members shall enjoy always of the immunities and privileges to grant them the law.

Article 188.- The territory in which were suspended the guarantees expressed in the previous article shall be governed during the suspension by the Law on state of siege, but neither in the act or in another any may also be ordered the suspension of other guarantees that the already mentioned.

Nor can be done, during the suspension, declarations of new offenses or imposed other penalties that the already established in the existing laws to the ordered the suspension.