Under Brazilian law, there are several constitutional claims that can be made to assert individual rights, two of which are Habeas Corpus and Habeas Data. Habeas Corpus is a type of constitutional action that instructs the relevant authorities to free a subject from confinement custody. Thus, Habeas Corpus can be claimed where a person has been deprived of their freedom or their freedom is at stake by a criminal proceeding. The law provides for private citizens to request Habeas Corpus without legal counsel. In addition, a Habeas Corpus claim can be made against the public authorities or a private entity, similar to a charge of false arrest in common law countries.
Another action related to Habeas Corpus is Habeas Data. Habeas Data is a right afforded private citizens to their personal information. It allows individuals to review information related to their persons in public or publicly accessible data bases and gives them the right to correct that information. This is similar to the right of individuals to correct information on credit reports in the United States and other countries.
The right of Habeas Data is available to both physical persons and legal entities, including Brazilian and foreign citizens and Brazilian and alien corporations or other legal entities, and to government agencies.
Ricardo Tosto is a preeminent Brazilian attorney practicing in several fields of law, including criminal law. A member of the International Bar Association, Ricardo Tosto is also a graduate of McKenzie Presbyterian University’s law program in Sao Paulo. During his career, Ricardo Tosto represented several high-profile defendants.
Ricardo Tosto speaks English and Portuguese. His office is recognized by several international law firm rankings and his practice continues to thrive as a result of his expertise and diligence. Ricardo Tosto & Associates continues to grow as a result of the high quality of service they provide their clients.