Habeas corpus against judicial decision: a first approximation

Abstract

The possibility of questioning the constitutionality of judicial resolutions that restrict personal freedom was not always present in our law. Indeed, the first law that regulated this constitutional process in our country** conceived it as a mechanism that only allowed the protection of the person detained for more than twenty-four hours without a judge having decided on their legal situation”. Although said law contemplated the possibility of directing the habeas corpus against a judicial authority", it must be taken into account that article 16 of the same, expressly excluded from the scope of protection those who were deprived of liberty by virtue of a final sentence. o Arrest warrant: The following cannot use the writ of habeas corpus: 1. The inmates who have been finished off, who have escaped, or those prosecuted with a warrant of imprisonment [...] V. Those who are legally complying with the corporal prison sentence.