The case Olga Benario Prestes: A critical study about the habeas corpus nº 26.155/1936
Keywords:
Olga Benario Prestes, Habeas corpus, Theory of law, Hermeneutics, Fundamental rights.Abstract
This article seeks to examine the case Olga Benario Prestes undertaking to do so, a hermeneutic study on the habeas corpus nº 26.155, filed, in 1936, in her favor. Based on the documentary research in primary source, as historical laws and copy the file of that action, and the use of secondary sources cinematographic and bibliographic, it’s the reconstruction of historical context legal and political in which occurred the trial and, later, we examine the elements of established procedural relationship. That sort, interprets the decision from the judgment’s Supreme Court (Supreme Federal Court). End so, taking as the theoretical work of Pontes de Miranda and the theory of fundamental rights, it criticizes the reasoning adopted by the summit of the Judiciary. Revealing, therefore, the role of the constitutional remedy and the need for prevalence and effectiveness of fundamental rights, demonstrating the relevance of the case to the Brazilian legal experience, above all, the theory of law.Downloads
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