The Habeas Corpus is a constitutional, tutelary and therefore public action, that can interpose before any judicial authority to motu proprio or by interposed person, when “(...) he will be private of his freedom, and will believe to be it illegally” according to 30 article Political Constitution, with the object that recover its fundamental primary right (the freedom) of principles and guarantees that must be observed at the time of restricting it for a judicial decision, in a term nonsuperior to the 36 hours, through an essentially even-tempered solution, exhorted in constant form within the frame of a social, democratic State and of right. The freedom “constitutes a budget fundamental for the effectiveness of the other rights and the primary instrument of the human being to live in society”. For that reason the freedom is “value, principle that radiates the action of the State and right” (1).