The writ of habeas corpus as a way to impeach the personal precautionary measures issued by an Appeal Court

Abstract

This comment analyzes a ruling issued by the Second Chamber of the Supreme Court, on February 7, 2017, that allow a complaint filed against justices of an appellate court that imposed, in the second instance, a precautionary measure of preventive detention. The author analyzes if this ruling purports a different rationale to get rid the traditional antagonism between existing positions on the admissibility of the writ of habeas corpus against the personal precautionary measures issued by the courts of appeals and suggests the incorporation to that discussion of a new consideration, which consists in the duty of the State to guarantee the full exercise of the fundamental rights ensuring the right to effective judicial protection.